Blaw

(WW) 1914 , A government agency established in 1914 to prevent unfair business practices and help maintain a competitive economy, support antitrust suits

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

legal documents that require a person to testify in a certain matter

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.

The function of an administrative agency to hear complaints, similar to a judicial function.

requires most federal agencies to hold their meetings in publicly accessible places

Federal agencies must prepare guides that explain in plain English how small businesses can comply with federal regulations.

Gives all citizens the right to inspect all records of federal agencies except those containing military, intelligence, or trade secrets; increases accountability of bureaucracy

the executive branch, the legislative branch, and the judicial branch

departments, agencies, commissions, bureaus, boards, government corporations, and committees

A lawsuit governed by the general principles of law derived from court decisions, as opposed to the provisions of statutes

when a person unreasonably interferes with a right that the general public shares in common.

careless neglect, often resulting in injury

The legal responsibility for damage or injury even if you are not negligent

Laws enacted by the federal government.

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

The laws designed to protect the natural environment against undue harm by individuals and organizations.

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.

a lawsuit against a manufacturer of a toxic substance for harm caused by the manufacture or disposal of that substance

The "Superfund" act, designed to identify and clean up abandoned hazardous waste dumpsites.

individuals, companies, or any other parties that are potentially liable for payment of Superfund cleanup costs

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).

a federal, state, or local government agency established to perform a specific function

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.

An administrative agency within the executive branch of government. At the federal level, executive agencies are those within the cabinet departments.

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.

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.

An administrative agency rule that carries the same weight as a congressionally enacted statute.

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.

The organizational structure, consisting of government bureaus and agencies, through which the government implements and enforces the laws.

A law passed in 1946 requiring federal agencies to give notice, solicit comments, and (sometimes) hold public hearings before adopting any new rules.

In administrative law, the principle that a complaining party normally must have exhausted all available administrative remedies before seeking judicial review.

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

The procedure used by administrative agencies in fulfilling their three basic functions: rulemaking, enforcement, and adjudication.

The process by which an administrative agency formally adopts a new regulation or amends an old one.

A procedure in agency rulemaking that requires notice, opportunity for comment, and a published draft of the final rule.

An official document, published every weekday, which lists the new and proposed regulations of executive departments and regulatory agencies.

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.

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.

The rule that specifies how a program will actually operate

Many agencies gather info through on-site inspections.

a subpoena that primarily seeks an individual's testimony

the court command to a witness to produce at trial a certain pertinent document he or she holds

A court order allowing law enforcement officers to search a suspect's home or business and take specific items as evidence

An outline of the charges against a licensee that must be answered within the statutory time limit.

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.

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.

the final decision of an administrative agency on an issue

a person challenging an agency decision must first pursue the agency's available remedies before seeking judicial review.

Involving an act that brings harm to a person or damage to property that leads to civil liability

A sum of money paid in compensation for loss or injury in a civil case

compensate the plaintiff for quantifiable monetary losses

For nonmonetary aspects, such as pain, suffering, and reputation.

Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.

A tort committed by one who intends to do the act that creates the harm.

negligence

at criminal law, a legal position that allows the defendant to escape criminal liability

state laws setting time limit for bringing a lawsuit

Act of harming or ruining another's reputation

spoken defamation

A written defamation of a person's character, reputation, business, or property rights.

statements that can be proven true

A brand that has exclusive legal protection for both its brand name and its design last 5-6 yrs the newer lasts 10 yrs

Rights over invention last 20 yrs

exclusive right to sell, publish, or reproduce creative works for 70 yrs and after

Material can be reproduced for criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research