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Administrative Law
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the branch of public law that is created by administrative agencies in the form of rules, regulations, orders, and decisions to carry out the regulatory powers and duties of those agencies
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Early to mid 1900s
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How long has administrative law been around?
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To relieve legislatures of the burden of dealing with every detail of a specific problem and
agencies can be staffed by people with expertise in the field being regulated
agencies can be staffed by people with expertise in the field being regulated
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Why did Congress decide to make administrative agencies?
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Federal Trade Commission, Security and Exchange Commission, and the National Labor Relations Board
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Name 3 administrative agencies
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Federal Tarde Commission (FTC)
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First administrative agency; deals with trade and product safety
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Security and Exchange Commission (SEC)
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regulates trade with stocks and bonds
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National Labor Relations Board (NLRB)
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Deals with disputes between employees and management
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Administrative Law Judges
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Federally appointed judges who preside over administrative judges
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Rulemaking, enforcement, and Adjudication
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What are the basic functions of administrative agencies
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Enforcement
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process by which agencies determine whether their rules have been violated
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Adjudication
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formal methods by which an agency resolves disputes
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Exhaust all remedies of the administrative agency
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When having a dispute with an administrative agency, you have to go to the court of the administrative agency and exhaust all remedies of the administrative agency
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Appeal to Federal courts
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After exhausting all remedies of the administrative agency, what is next
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Enabling Statutes
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act of Congress that creates an administrative agency
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Administrative Procedure Act (APA)
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Lays out general procedures that all administrative agencies have to follow