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Administrative Law Flashcards

CHP 23 & 24 MGMT 311

0 min read
Posted on 
May 22nd, 2023
Home Administrative Law Flashcards CHP 23 & 24 MGMT 311
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.
question
legislative rules
answer
An administrative agency rule that carries the same weight as a congressionally enacted statute.
question
interpretive rules
answer
A nonbinding rule or policy statement issued by an administrative agency that explains how it interprets and intends to apply the statutes it enforces.
question
delegation doctrine
answer
A doctrine based on Article I, Section 8, of the U.S. Constitution, which has been construed to allow Congress to delegate some of its power to make and implement laws to administrative agencies. The delegation is considered to be proper as long as Congress sets standards outlining the scope of the agency's authority.
question
bureaucracy
answer
A large organization that is structured hierarchically to carry out specific functions.
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
administrative process
answer
The procedure used by administrative agencies in fulfilling their three basic functions: rulemaking, enforcement, and adjudication.
question
notice-and-comment rulemaking
answer
An administrative rulemaking procedure that involves the publication of a notice of a proposed rulemaking in the Federal Register, a comment period for interested parties to express their views on the proposed rule, and the publication of the agency's final rule in the Federal Register.
question
rulemaking
answer
The process by which an administrative agency formally adopts a new regulation or amends an old one.
question
administrative law judge (ALJ)
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
adjudication
answer
The process of resolving a dispute by presenting evidence and arguments before a neutral third party decision maker in a court or an administrative law proceeding.
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. If no appeal is taken, or if the case is not reviewed or considered anew by the agency commission, the administrative law judge's initial order becomes the final order of the agency.
question
consumer law
answer
The body of statutes, agency rules, and judicial decisions protecting consumers of goods and services from dangerous manufacturing techniques, mislabeling, unfair credit practices, deceptive advertising, and other such practices.
question
deceptive advertising
answer
Advertising that misleads consumers, either by making unjustified claims about a product's performance or by omitting a material fact concerning the product's composition or performance.
question
bait-and-switch advertising
answer
Advertising a product at an attractive price and then telling the consumer that the advertised product is not available or is of poor quality and encouraging her or him to purchase a more expensive item.
question
multiple product order
answer
An order requiring a firm that has engaged in deceptive advertising to cease and desist from false advertising in regard to all the firm's products.
question
counteradvertising
answer
New advertising that is undertaken to correct earlier false claims that were made about a product.
question
"cooling-off" laws
answer
Laws that allow buyers of goods sold in certain transactions to cancel their contracts within three business days.
question
Regulation Z
answer
A set of rules issued by the Federal Reserve Board of Governors to implement the provisions of the Truthin- Lending Act.
question
validation notice
answer
An initial notice to a debtor from a collection agency informing the debtor that he or she has thirty days to challenge the debt and request verification.
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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.
question
legislative rules
answer
An administrative agency rule that carries the same weight as a congressionally enacted statute.
question
interpretive rules
answer
A nonbinding rule or policy statement issued by an administrative agency that explains how it interprets and intends to apply the statutes it enforces.
question
delegation doctrine
answer
A doctrine based on Article I, Section 8, of the U.S. Constitution, which has been construed to allow Congress to delegate some of its power to make and implement laws to administrative agencies. The delegation is considered to be proper as long as Congress sets standards outlining the scope of the agency's authority.
question
bureaucracy
answer
A large organization that is structured hierarchically to carry out specific functions.
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
administrative process
answer
The procedure used by administrative agencies in fulfilling their three basic functions: rulemaking, enforcement, and adjudication.
question
notice-and-comment rulemaking
answer
An administrative rulemaking procedure that involves the publication of a notice of a proposed rulemaking in the Federal Register, a comment period for interested parties to express their views on the proposed rule, and the publication of the agency's final rule in the Federal Register.
question
rulemaking
answer
The process by which an administrative agency formally adopts a new regulation or amends an old one.
question
administrative law judge (ALJ)
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
adjudication
answer
The process of resolving a dispute by presenting evidence and arguments before a neutral third party decision maker in a court or an administrative law proceeding.
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. If no appeal is taken, or if the case is not reviewed or considered anew by the agency commission, the administrative law judge's initial order becomes the final order of the agency.
question
consumer law
answer
The body of statutes, agency rules, and judicial decisions protecting consumers of goods and services from dangerous manufacturing techniques, mislabeling, unfair credit practices, deceptive advertising, and other such practices.
question
deceptive advertising
answer
Advertising that misleads consumers, either by making unjustified claims about a product's performance or by omitting a material fact concerning the product's composition or performance.
question
bait-and-switch advertising
answer
Advertising a product at an attractive price and then telling the consumer that the advertised product is not available or is of poor quality and encouraging her or him to purchase a more expensive item.
question
multiple product order
answer
An order requiring a firm that has engaged in deceptive advertising to cease and desist from false advertising in regard to all the firm's products.
question
counteradvertising
answer
New advertising that is undertaken to correct earlier false claims that were made about a product.
question
"cooling-off" laws
answer
Laws that allow buyers of goods sold in certain transactions to cancel their contracts within three business days.
question
Regulation Z
answer
A set of rules issued by the Federal Reserve Board of Governors to implement the provisions of the Truthin- Lending Act.
question
validation notice
answer
An initial notice to a debtor from a collection agency informing the debtor that he or she has thirty days to challenge the debt and request verification.

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