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Administrative Law Flashcards

Blaw

0 min read
Posted on 
May 22nd, 2023
Home Administrative Law Flashcards Blaw
question
Federal Trade Commission Act
answer
(WW) 1914 , A government agency established in 1914 to prevent unfair business practices and help maintain a competitive economy, support antitrust suits
question
Arbitrary and Capricious Test
answer
no rational explanation, changed prior policy without justification, considered legally inappropriate factors, failed to consider a relevant factor, rendered a decision contrary to the evidence
question
Subpoenas
answer
legal documents that require a person to testify in a certain matter
question
Adjudication
answer
A proceeding in which an administrative law judge hears and decides issues that arise when an administrative agency charges a person or a firm with an agency violation.
question
Agency Adjudication
answer
The function of an administrative agency to hear complaints, similar to a judicial function.
question
Sunshine Act
answer
requires most federal agencies to hold their meetings in publicly accessible places
question
Small Business Regulatory Enforcement Fairness Act
answer
Federal agencies must prepare guides that explain in plain English how small businesses can comply with federal regulations.
question
Freedom of Information Act
answer
Gives all citizens the right to inspect all records of federal agencies except those containing military, intelligence, or trade secrets; increases accountability of bureaucracy
question
Sources of Administrative Law
answer
the executive branch, the legislative branch, and the judicial branch
question
Types of Administrative Agencies
answer
departments, agencies, commissions, bureaus, boards, government corporations, and committees
question
Common Law Action
answer
A lawsuit governed by the general principles of law derived from court decisions, as opposed to the provisions of statutes
question
nuisance
answer
when a person unreasonably interferes with a right that the general public shares in common.
question
Negligence
answer
careless neglect, often resulting in injury
question
Strict Liability
answer
The legal responsibility for damage or injury even if you are not negligent
question
Federal Regulations
answer
Laws enacted by the federal government.
question
Violations of the Clean Water Act
answer
Civil penalties range from $10,000 to $25,000 per day, but not more than $25,000 per violation.
Criminal is 2,500 dollar per day and imprisonment up to 1 year, to a fine of $1M and 15 years imprisonment
question
Environmental regulations
answer
The laws designed to protect the natural environment against undue harm by individuals and organizations.
question
Environmental Impact Statement
answer
Statement required by Federal law from all agencies for any project using Federal funds to assess the potential affect of the new construction or development on the environment.
question
Toxic Tort
answer
a lawsuit against a manufacturer of a toxic substance for harm caused by the manufacture or disposal of that substance
question
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
answer
The "Superfund" act, designed to identify and clean up abandoned hazardous waste dumpsites.
question
Potentially Responsible Parties
answer
individuals, companies, or any other parties that are potentially liable for payment of Superfund cleanup costs
question
Joint and Several Liability of PRPs
answer
Any one potentially responsible party (PRP) may be held liable for the entire cleanup of the site (when the harm caused by multiple parties cannot be separated).
question
Administrative Agency
answer
a federal, state, or local government agency established to perform a specific function
question
Administrative Law
answer
The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.
question
executive agency
answer
An administrative agency within the executive branch of government. At the federal level, executive agencies are those within the cabinet departments.
question
Independent Regulatory Agencies
answer
An administrative agency that is not considered part of the government's executive branch and is not subject to the authority of the president. Independent agency officials cannot be removed without cause.
question
Enabling Legislation
answer
A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency being created.
question
legislative rules
answer
An administrative agency rule that carries the same weight as a congressionally enacted statute.
question
Delegation Doctrine
answer
A doctrine based on the U.S. Constitution, which has been construed to allow Congress to delegate some of its power to administrative agencies to make and implement laws.
question
Bureaucracy
answer
The organizational structure, consisting of government bureaus and agencies, through which the government implements and enforces the laws.
question
The Administrative Procedure Act
answer
A law passed in 1946 requiring federal agencies to give notice, solicit comments, and (sometimes) hold public hearings before adopting any new rules.
question
Exhaustion Doctrine
answer
In administrative law, the principle that a complaining party normally must have exhausted all available administrative remedies before seeking judicial review.
question
Arbitrary and Capricious Test
answer
no rational explanation, changed prior policy without justification, considered legally inappropriate factors, failed to consider a relevant factor, rendered a decision contrary to the evidence
question
Administrative process
answer
The procedure used by administrative agencies in fulfilling their three basic functions: rulemaking, enforcement, and adjudication.
question
Rulemaking
answer
The process by which an administrative agency formally adopts a new regulation or amends an old one.
question
notice-and-comment rulemaking
answer
A procedure in agency rulemaking that requires notice, opportunity for comment, and a published draft of the final rule.
question
Federal Register
answer
An official document, published every weekday, which lists the new and proposed regulations of executive departments and regulatory agencies.
question
Notice of Proposed Rulemaking
answer
Legally required process by which federal departments and agencies make known intended rules, through publication in the Federal Register, and allow public review and comment.
question
Comment Period
answer
Following publication in the Federal Register, the agency must allow ample time for public comment. The agency need not respond to all comments, but it must respond to any significant comments that bear directly on the proposed rule by either modifying the proposed rule or explaining why the modification was not made.
question
The final rule
answer
The rule that specifies how a program will actually operate
question
Inspections and Tests
answer
Many agencies gather info through on-site inspections.
question
subpoena ad testificandum
answer
a subpoena that primarily seeks an individual's testimony
question
subpoena duces tecum
answer
the court command to a witness to produce at trial a certain pertinent document he or she holds
question
search warrant
answer
A court order allowing law enforcement officers to search a suspect's home or business and take specific items as evidence
question
formal complaint
answer
An outline of the charges against a licensee that must be answered within the statutory time limit.
question
Administrative law judge
answer
One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact.
question
initial order
answer
In the context of administrative law, an agency's disposition in a matter other than a rulemaking. An administrative law judge's initial order becomes final unless it is appealed.
question
final order
answer
the final decision of an administrative agency on an issue
question
Exhaust your administrative remedies
answer
a person challenging an agency decision must first pursue the agency's available remedies before seeking judicial review.
question
Tort Law
answer
Involving an act that brings harm to a person or damage to property that leads to civil liability
question
Damages
answer
A sum of money paid in compensation for loss or injury in a civil case
question
Special Damages
answer
compensate the plaintiff for quantifiable monetary losses
question
General damages (compensatory)
answer
For nonmonetary aspects, such as pain, suffering, and reputation.
question
Punitive Damages
answer
Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.
question
intentional tort
answer
A tort committed by one who intends to do the act that creates the harm.
question
unintentional tort
answer
negligence
question
Defense
answer
at criminal law, a legal position that allows the defendant to escape criminal liability
question
statue of limitations
answer
state laws setting time limit for bringing a lawsuit
question
Defamation
answer
Act of harming or ruining another's reputation
question
Slander
answer
spoken defamation
question
Libel
answer
A written defamation of a person's character, reputation, business, or property rights.
question
statement of fact
answer
statements that can be proven true
question
Trademark
answer
A brand that has exclusive legal protection for both its brand name and its design last 5-6 yrs the newer lasts 10 yrs
question
patent
answer
Rights over invention last 20 yrs
question
copy right
answer
exclusive right to sell, publish, or reproduce creative works for 70 yrs and after
question
Fair Use Exception
answer
Material can be reproduced for criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research
1 of 66
question
Federal Trade Commission Act
answer
(WW) 1914 , A government agency established in 1914 to prevent unfair business practices and help maintain a competitive economy, support antitrust suits
question
Arbitrary and Capricious Test
answer
no rational explanation, changed prior policy without justification, considered legally inappropriate factors, failed to consider a relevant factor, rendered a decision contrary to the evidence
question
Subpoenas
answer
legal documents that require a person to testify in a certain matter
question
Adjudication
answer
A proceeding in which an administrative law judge hears and decides issues that arise when an administrative agency charges a person or a firm with an agency violation.
question
Agency Adjudication
answer
The function of an administrative agency to hear complaints, similar to a judicial function.
question
Sunshine Act
answer
requires most federal agencies to hold their meetings in publicly accessible places
question
Small Business Regulatory Enforcement Fairness Act
answer
Federal agencies must prepare guides that explain in plain English how small businesses can comply with federal regulations.
question
Freedom of Information Act
answer
Gives all citizens the right to inspect all records of federal agencies except those containing military, intelligence, or trade secrets; increases accountability of bureaucracy
question
Sources of Administrative Law
answer
the executive branch, the legislative branch, and the judicial branch
question
Types of Administrative Agencies
answer
departments, agencies, commissions, bureaus, boards, government corporations, and committees
question
Common Law Action
answer
A lawsuit governed by the general principles of law derived from court decisions, as opposed to the provisions of statutes
question
nuisance
answer
when a person unreasonably interferes with a right that the general public shares in common.
question
Negligence
answer
careless neglect, often resulting in injury
question
Strict Liability
answer
The legal responsibility for damage or injury even if you are not negligent
question
Federal Regulations
answer
Laws enacted by the federal government.
question
Violations of the Clean Water Act
answer
Civil penalties range from $10,000 to $25,000 per day, but not more than $25,000 per violation.
Criminal is 2,500 dollar per day and imprisonment up to 1 year, to a fine of $1M and 15 years imprisonment
question
Environmental regulations
answer
The laws designed to protect the natural environment against undue harm by individuals and organizations.
question
Environmental Impact Statement
answer
Statement required by Federal law from all agencies for any project using Federal funds to assess the potential affect of the new construction or development on the environment.
question
Toxic Tort
answer
a lawsuit against a manufacturer of a toxic substance for harm caused by the manufacture or disposal of that substance
question
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
answer
The "Superfund" act, designed to identify and clean up abandoned hazardous waste dumpsites.
question
Potentially Responsible Parties
answer
individuals, companies, or any other parties that are potentially liable for payment of Superfund cleanup costs
question
Joint and Several Liability of PRPs
answer
Any one potentially responsible party (PRP) may be held liable for the entire cleanup of the site (when the harm caused by multiple parties cannot be separated).
question
Administrative Agency
answer
a federal, state, or local government agency established to perform a specific function
question
Administrative Law
answer
The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.
question
executive agency
answer
An administrative agency within the executive branch of government. At the federal level, executive agencies are those within the cabinet departments.
question
Independent Regulatory Agencies
answer
An administrative agency that is not considered part of the government's executive branch and is not subject to the authority of the president. Independent agency officials cannot be removed without cause.
question
Enabling Legislation
answer
A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency being created.
question
legislative rules
answer
An administrative agency rule that carries the same weight as a congressionally enacted statute.
question
Delegation Doctrine
answer
A doctrine based on the U.S. Constitution, which has been construed to allow Congress to delegate some of its power to administrative agencies to make and implement laws.
question
Bureaucracy
answer
The organizational structure, consisting of government bureaus and agencies, through which the government implements and enforces the laws.
question
The Administrative Procedure Act
answer
A law passed in 1946 requiring federal agencies to give notice, solicit comments, and (sometimes) hold public hearings before adopting any new rules.
question
Exhaustion Doctrine
answer
In administrative law, the principle that a complaining party normally must have exhausted all available administrative remedies before seeking judicial review.
question
Arbitrary and Capricious Test
answer
no rational explanation, changed prior policy without justification, considered legally inappropriate factors, failed to consider a relevant factor, rendered a decision contrary to the evidence
question
Administrative process
answer
The procedure used by administrative agencies in fulfilling their three basic functions: rulemaking, enforcement, and adjudication.
question
Rulemaking
answer
The process by which an administrative agency formally adopts a new regulation or amends an old one.
question
notice-and-comment rulemaking
answer
A procedure in agency rulemaking that requires notice, opportunity for comment, and a published draft of the final rule.
question
Federal Register
answer
An official document, published every weekday, which lists the new and proposed regulations of executive departments and regulatory agencies.
question
Notice of Proposed Rulemaking
answer
Legally required process by which federal departments and agencies make known intended rules, through publication in the Federal Register, and allow public review and comment.
question
Comment Period
answer
Following publication in the Federal Register, the agency must allow ample time for public comment. The agency need not respond to all comments, but it must respond to any significant comments that bear directly on the proposed rule by either modifying the proposed rule or explaining why the modification was not made.
question
The final rule
answer
The rule that specifies how a program will actually operate
question
Inspections and Tests
answer
Many agencies gather info through on-site inspections.
question
subpoena ad testificandum
answer
a subpoena that primarily seeks an individual's testimony
question
subpoena duces tecum
answer
the court command to a witness to produce at trial a certain pertinent document he or she holds
question
search warrant
answer
A court order allowing law enforcement officers to search a suspect's home or business and take specific items as evidence
question
formal complaint
answer
An outline of the charges against a licensee that must be answered within the statutory time limit.
question
Administrative law judge
answer
One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact.
question
initial order
answer
In the context of administrative law, an agency's disposition in a matter other than a rulemaking. An administrative law judge's initial order becomes final unless it is appealed.
question
final order
answer
the final decision of an administrative agency on an issue
question
Exhaust your administrative remedies
answer
a person challenging an agency decision must first pursue the agency's available remedies before seeking judicial review.
question
Tort Law
answer
Involving an act that brings harm to a person or damage to property that leads to civil liability
question
Damages
answer
A sum of money paid in compensation for loss or injury in a civil case
question
Special Damages
answer
compensate the plaintiff for quantifiable monetary losses
question
General damages (compensatory)
answer
For nonmonetary aspects, such as pain, suffering, and reputation.
question
Punitive Damages
answer
Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.
question
intentional tort
answer
A tort committed by one who intends to do the act that creates the harm.
question
unintentional tort
answer
negligence
question
Defense
answer
at criminal law, a legal position that allows the defendant to escape criminal liability
question
statue of limitations
answer
state laws setting time limit for bringing a lawsuit
question
Defamation
answer
Act of harming or ruining another's reputation
question
Slander
answer
spoken defamation
question
Libel
answer
A written defamation of a person's character, reputation, business, or property rights.
question
statement of fact
answer
statements that can be proven true
question
Trademark
answer
A brand that has exclusive legal protection for both its brand name and its design last 5-6 yrs the newer lasts 10 yrs
question
patent
answer
Rights over invention last 20 yrs
question
copy right
answer
exclusive right to sell, publish, or reproduce creative works for 70 yrs and after
question
Fair Use Exception
answer
Material can be reproduced for criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research

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