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Administrative Law Flashcards

Legal Environment of Business Exam #2

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Posted on 
May 22nd, 2023
Home Administrative Law Flashcards Legal Environment of Business Exam #2
question
Business People
answer
Administrative agencies are important to who?
question
State, Federal, Local levels
answer
Bureaucracy on what levels?
question
Enabling Act
answer
What are administrative agencies created by?
question
Time and Money
answer
Most _____ and _____ for business is dealt with administrative agencies
question
Federal
answer
Congress at the ____ level creates the administrative agencies
question
enabling act
answer
The law that creates the administrative agencies is called the
question
Purpose, authority
answer
The enabling act determines the ______ of the agency and _____ of the agency
question
Legislative Branch
answer
What creates the enabling act?
question
Executive
answer
Administrative agencies are a subcategory of the _________ branch.
question
-Protection
-Necessity
-Regulation/Equalization of Competition among Businesses
-Delegate Legislative and Judicial Functions
-Expertise in Developing Area of Law
answer
Why are administrative agencies created?
question
-To protect consumers from big bad business
-EX: big bad business can put defective products, work environment unsafe, ect.
-Left unregulated ---> business cause all kinds of bad business
answer
Protection (Reason Administrative Agency was created)
question
- Out of necessity, they create agencies
- EX: Post office
answer
Necessity (Reason Administrate Agency was created)
question
- What keeps utilities from rising prices?
- No competition ---> agencies are brought in to equalize competition among businesses
-Regulate price increases
- Regulate it so that there is no competition
- If agencies regulate that means they regulate the price
- EX: PUCO regulates prices
answer
Regulation/Equalization of Competition Among Business (Reason Administrative Agency was created)
question
- Quasi-Legislative
- Quasi-Judicial
answer
Delegate Legislative and Judicial Functions (Reason Administrative Agency was created)
question
- NOT legislative body, but they act like it
- Delegated to them from Congress at the Federal level
- Agencies pass rules / regulations
- Rules / regulations have force / effect of law
- EX: Taxes ; created IRS ---> delegated taxes to them ---> it would take Congress forever to regulate just taxes ---> so we delegate to the agency IRS
-The law will be better written by experts (NOT by Congress)
- IRS only deals with taxes because they are experts developing this area of law
answer
Quasi-Legislative Function
question
- Delegate the judicial function
- NOT part of the judicial branch, but they act like it
- Have administrative agency hearing ---> dispute resolution process
- Plaintiff = Agency ; Defendant = Business or Consumer
- No juries ; judge is the finder of fact and applier of the law
- Courts are too congested --> created the quasi-judicial function
- We will have better law because these people are experts on this law to apply
- Decisions of every administrative agency becomes precedent
- Every Administrative agency follows the Doctrine of Precedent
answer
Quasi-Judicial Function
question
experts
answer
The quasi-legislative and quasi-judicial functions are ______ in developing an area of law.
question
- 7th Amendment tells us when in civil case we are entitled to a jury
- Cases at Common Law
- Administrative agency do not exist at Common Law
- They are creatures of legislative so no juries
answer
Why is there no jury at the quasi-judicial public hearings?
question
Enabling Act
answer
What creates an administrative agency?
question
- You can not be a doctor on TV when you are not a doctor in real life
- Deceptive selling
- Campbell's Soup ---> claims it is heart healthy ---> not really.
- A consumer can notify the FTC
- Competitors tell the FTC to bring them down
answer
The FTC (Federal Trade Commission) purpose is to prevent unfair methods of competition in commerce. It policies anit-competitive practices.
question
1. Quasi-Legislative
2. Quasi-Judicial
3.Advising
4.Investigatory
answer
There are 4 functions of Agencies
question
- You have to follow them ; can be shut down if you don't
- Agency has to propose rule / regulation before finalizing it
- Have to give the public a chance to comment
- Effects your industry? Can write in public comment
- Session lasts 90 days; agency can finalize proposal or they will "table" it (take it off), or revise it
- They have to get public comments
- Public hearings
- Cost/Benefit Analysis ....Are the agencies required to do this?
- Can challenge final proposal in court as unconstitutional
answer
Rules / Regulations
question
- Are the agencies required to do this?
- EX: Seat belts. ---> went to Supreme Court
- Auto industry would have to remake all cars with seat belts...this is expensive. The expensive cost does not equal the amount of lives that will be saved in the future. Agency used statistics that seat belts are a must
- They can put rules / regulations in without the cost-benefit analysis
-Is there too much regulation?
- Should we deregulate?
- This is an economic discussion
answer
Cost-Benefit Analysis
question
- Do not have the force/effect of law
- The guidelines are explanatory
answer
Administrative agency can have guideline. Guidelines -
question
Executive
answer
The Quasi-Judicial function is a part of the ______ branch, but it acts like it is a part of the judicial branch because they have the dispute regulation process. (Administrative Agency hearings)
question
Procedural
answer
Each agency has their own ________ laws.
question
- Follows the Doctrine of Precedent
- Does not matter what type of remedy you are seeking
- Has one burden of proof = Preponderance of Evidence Standard
answer
Each agency:
question
- Fines
- Make you stop action
- Bad company ad ---> they will make you run a correct ad
- Remember : agencies create their own remedies and rules
answer
What are some of the remedies at Administrative agency hearings if lost?
question
- 2/3 of the time the judge will go with the administrative agency
- Justices give great discretion to the agency because they are the experts
- Better have good case if you appeal
answer
What is the likely hood of a business winning at the appellate court level?
question
- Exhaustion of Remedies Doctrine:
-Give the agency 1st chance to correct own errors
- IRS has 9 levels of appeal
-This is a procedure within the agency
answer
Before you can appeal administrative agency hearing:
question
- Out of court settlement in civil case
- Administrative agency has to offer it to you
- You are not entitled
- If you agree, you submit the dispute to jurisdiction of the agency, you will not go to court, you will just never do it again in the future and you do not have to pay price if done in the past.
- Allows too many true violators to get off free
- "consent orders"
- "consent decree"
answer
Extensive use of correct orders:
question
delegate
answer
The administrative agency is created to __________ tasks.
question
Exhaust all levels of remedies first
answer
Before you appeal you need to ________
question
-Advising Function
-Investigatory Function
answer
What functions are a part of the executive branch?
question
-Advise president, Congress, the people (us)
-EX: IRS ; don't know how to file taxes, seek advisory help from the IRS
-Only legally binding on people seeking advice
-Same power as executive branch
answer
Advising Function
question
-Go to different sites to see if you are complying with the rules and regulations
-Collect evidence
-They invest
-Same power as executive branch
answer
Investigatory Function
question
Entity
-So, where are the checks and balances?
-Violate the horizontal separation?
answer
The 3 branches of government are in one ______
question
-We have functions of all 3 branches of government
-Does not violate Doctrine of Separation of Powers
answer
Inside the agency:
question
-The 3 branches of government exercise control externally on how they exert over the administrative agencies
answer
The 3 branches of government are external to the agencies.
question
- Outside the administrative agency is the 3 branches of government that keep the 3 branches that are internal in check
answer
Inside the administrative agencies is the 3 branches of government and
question
Enabling
answer
The legislative branch created agencies through the _____________ Act.
question
- Can abolish the agency if not doing the right thing
answer
"Power of the Purse"
question
-the federal government
answer
Under the "power of the purse," the agency gets money from ________
question
- Congress , Legislative Branch , determines how much money they get
answer
Who determines how much money the agency gets?
question
- YES
- Greatly influences what direction agency goes
answer
Can Congress cut the budget if they do not like what the agency is doing?
question
- Set policy of agency
- Are appointed by president
- The president can remove from office and replace them (executive branch)
answer
Board Members (5-7)
question
3 branches of government outside.
- This is checks and balances
- Not Unconstitutional
answer
Internal to the agency, they exhibit the ______
question
Pages 555-559
answer
Organizational Structure of Administrative Agencies
question
Chair people, commissioners, board members
answer
Who is at the top of an agency?
question
-The president with advice and consent of the Senate
answer
Who appoints the people who are at the top of an agency?
question
- 4-8 years
answer
How long are the people typically at the top?
question
- Full-Time
answer
Are the employees at the top of the agency full-time or part-time?
question
-They set the policy
answer
What do the people at the top of the agency do?
question
- Yes
answer
Can the president remove the person who is at the top of an agency?
question
- While serving, the person cannot hold a position in the industry they are regulating
answer
What is a conflict of interest regarding the top position of an agency?
question
- Cannot all be of same political party
answer
Can the people at the top of the administrative agency all be the same political party?
question
- Revolving Door Syndrome
answer
What is a criticism of the agency?
question
- Where do they go after their term? They go back to industry they specialize in/regulate
~this is a criticism
- Pick people at the top because of expertise in the industry
answer
Revolving Door Syndrome
question
- Chairperson
answer
What is the head of the commission called?
question
- Has equal vote with out board members
answer
Chairperson
question
- Advisory Counsel
- Secretary
answer
Level (2) below the top is
question
- Out of industry that is regulated
- Advise commissioners what is happening in industry
- Not full time employees
- Tells board what working in industry and what is not
answer
Advisory Counsel
question
- The Advisory Counsel
answer
Every position is full-time except
question
Federal Register
answer
Everyone in the government reports to
question
- In charge of the records
- Report everything that happens
- Meetings, hearings
- Public record
answer
Secretary
question
- Information is published to the public
- Record is published daily
answer
Federal Register
question
- General Counsel
- Director of Operations
- Executive Director for Administration
- Administrative Law Judges
answer
3rd level down from the top is
question
- Chief law officer
- Represent the agency
- Make decision whether to settle a case or appeal
answer
General Counsel
question
- Bureau
- Advise Congress, President, individuals
- Investigators
- Internal operations
- Deals with non-compliance
answer
Director of Operations
question
- Payroll
-Budgeting
-Personnel
- Promotion
- Hiring / Firing
- Internal Operations
- Like HR...
answer
Executive Director for Administrations
question
- Not biased
- Not involved in policy making
answer
Administrative Law Judges
question
Immunity
answer
Administrative Agencies have
question
- Cannot be held personally liable for professional actions even if actions are unconstitutional
answer
immunity
question
- Administrative Law Judges
- Everyone else has limited / qualified immunity
answer
The only employees that have absolute immunity are
question
- Cannot be help personally liable unless what you did was unconstitutional
- Harm is unconditional = held liable
answer
Limited / Qualified Immunity
question
- Too many rules / regulations
- Cost a lot of money to comply
- Way rules / regulations written, a person cannot understand them
- You have to hire someone to help you interrupt the rules and regulations
- Lawyer, accountant
- Rules are so complex so they are difficult to follow and understand
- Too much paper work
- Administrative Agency takes too long to respond
- Adds to cost of doing business and it forces people to take business overseas
- Too much use of consent orders
- Revolving door Syndrome
answer
Criticisms of Administrative Agencies
1 of 76
question
Business People
answer
Administrative agencies are important to who?
question
State, Federal, Local levels
answer
Bureaucracy on what levels?
question
Enabling Act
answer
What are administrative agencies created by?
question
Time and Money
answer
Most _____ and _____ for business is dealt with administrative agencies
question
Federal
answer
Congress at the ____ level creates the administrative agencies
question
enabling act
answer
The law that creates the administrative agencies is called the
question
Purpose, authority
answer
The enabling act determines the ______ of the agency and _____ of the agency
question
Legislative Branch
answer
What creates the enabling act?
question
Executive
answer
Administrative agencies are a subcategory of the _________ branch.
question
-Protection
-Necessity
-Regulation/Equalization of Competition among Businesses
-Delegate Legislative and Judicial Functions
-Expertise in Developing Area of Law
answer
Why are administrative agencies created?
question
-To protect consumers from big bad business
-EX: big bad business can put defective products, work environment unsafe, ect.
-Left unregulated ---> business cause all kinds of bad business
answer
Protection (Reason Administrative Agency was created)
question
- Out of necessity, they create agencies
- EX: Post office
answer
Necessity (Reason Administrate Agency was created)
question
- What keeps utilities from rising prices?
- No competition ---> agencies are brought in to equalize competition among businesses
-Regulate price increases
- Regulate it so that there is no competition
- If agencies regulate that means they regulate the price
- EX: PUCO regulates prices
answer
Regulation/Equalization of Competition Among Business (Reason Administrative Agency was created)
question
- Quasi-Legislative
- Quasi-Judicial
answer
Delegate Legislative and Judicial Functions (Reason Administrative Agency was created)
question
- NOT legislative body, but they act like it
- Delegated to them from Congress at the Federal level
- Agencies pass rules / regulations
- Rules / regulations have force / effect of law
- EX: Taxes ; created IRS ---> delegated taxes to them ---> it would take Congress forever to regulate just taxes ---> so we delegate to the agency IRS
-The law will be better written by experts (NOT by Congress)
- IRS only deals with taxes because they are experts developing this area of law
answer
Quasi-Legislative Function
question
- Delegate the judicial function
- NOT part of the judicial branch, but they act like it
- Have administrative agency hearing ---> dispute resolution process
- Plaintiff = Agency ; Defendant = Business or Consumer
- No juries ; judge is the finder of fact and applier of the law
- Courts are too congested --> created the quasi-judicial function
- We will have better law because these people are experts on this law to apply
- Decisions of every administrative agency becomes precedent
- Every Administrative agency follows the Doctrine of Precedent
answer
Quasi-Judicial Function
question
experts
answer
The quasi-legislative and quasi-judicial functions are ______ in developing an area of law.
question
- 7th Amendment tells us when in civil case we are entitled to a jury
- Cases at Common Law
- Administrative agency do not exist at Common Law
- They are creatures of legislative so no juries
answer
Why is there no jury at the quasi-judicial public hearings?
question
Enabling Act
answer
What creates an administrative agency?
question
- You can not be a doctor on TV when you are not a doctor in real life
- Deceptive selling
- Campbell's Soup ---> claims it is heart healthy ---> not really.
- A consumer can notify the FTC
- Competitors tell the FTC to bring them down
answer
The FTC (Federal Trade Commission) purpose is to prevent unfair methods of competition in commerce. It policies anit-competitive practices.
question
1. Quasi-Legislative
2. Quasi-Judicial
3.Advising
4.Investigatory
answer
There are 4 functions of Agencies
question
- You have to follow them ; can be shut down if you don't
- Agency has to propose rule / regulation before finalizing it
- Have to give the public a chance to comment
- Effects your industry? Can write in public comment
- Session lasts 90 days; agency can finalize proposal or they will "table" it (take it off), or revise it
- They have to get public comments
- Public hearings
- Cost/Benefit Analysis ....Are the agencies required to do this?
- Can challenge final proposal in court as unconstitutional
answer
Rules / Regulations
question
- Are the agencies required to do this?
- EX: Seat belts. ---> went to Supreme Court
- Auto industry would have to remake all cars with seat belts...this is expensive. The expensive cost does not equal the amount of lives that will be saved in the future. Agency used statistics that seat belts are a must
- They can put rules / regulations in without the cost-benefit analysis
-Is there too much regulation?
- Should we deregulate?
- This is an economic discussion
answer
Cost-Benefit Analysis
question
- Do not have the force/effect of law
- The guidelines are explanatory
answer
Administrative agency can have guideline. Guidelines -
question
Executive
answer
The Quasi-Judicial function is a part of the ______ branch, but it acts like it is a part of the judicial branch because they have the dispute regulation process. (Administrative Agency hearings)
question
Procedural
answer
Each agency has their own ________ laws.
question
- Follows the Doctrine of Precedent
- Does not matter what type of remedy you are seeking
- Has one burden of proof = Preponderance of Evidence Standard
answer
Each agency:
question
- Fines
- Make you stop action
- Bad company ad ---> they will make you run a correct ad
- Remember : agencies create their own remedies and rules
answer
What are some of the remedies at Administrative agency hearings if lost?
question
- 2/3 of the time the judge will go with the administrative agency
- Justices give great discretion to the agency because they are the experts
- Better have good case if you appeal
answer
What is the likely hood of a business winning at the appellate court level?
question
- Exhaustion of Remedies Doctrine:
-Give the agency 1st chance to correct own errors
- IRS has 9 levels of appeal
-This is a procedure within the agency
answer
Before you can appeal administrative agency hearing:
question
- Out of court settlement in civil case
- Administrative agency has to offer it to you
- You are not entitled
- If you agree, you submit the dispute to jurisdiction of the agency, you will not go to court, you will just never do it again in the future and you do not have to pay price if done in the past.
- Allows too many true violators to get off free
- "consent orders"
- "consent decree"
answer
Extensive use of correct orders:
question
delegate
answer
The administrative agency is created to __________ tasks.
question
Exhaust all levels of remedies first
answer
Before you appeal you need to ________
question
-Advising Function
-Investigatory Function
answer
What functions are a part of the executive branch?
question
-Advise president, Congress, the people (us)
-EX: IRS ; don't know how to file taxes, seek advisory help from the IRS
-Only legally binding on people seeking advice
-Same power as executive branch
answer
Advising Function
question
-Go to different sites to see if you are complying with the rules and regulations
-Collect evidence
-They invest
-Same power as executive branch
answer
Investigatory Function
question
Entity
-So, where are the checks and balances?
-Violate the horizontal separation?
answer
The 3 branches of government are in one ______
question
-We have functions of all 3 branches of government
-Does not violate Doctrine of Separation of Powers
answer
Inside the agency:
question
-The 3 branches of government exercise control externally on how they exert over the administrative agencies
answer
The 3 branches of government are external to the agencies.
question
- Outside the administrative agency is the 3 branches of government that keep the 3 branches that are internal in check
answer
Inside the administrative agencies is the 3 branches of government and
question
Enabling
answer
The legislative branch created agencies through the _____________ Act.
question
- Can abolish the agency if not doing the right thing
answer
"Power of the Purse"
question
-the federal government
answer
Under the "power of the purse," the agency gets money from ________
question
- Congress , Legislative Branch , determines how much money they get
answer
Who determines how much money the agency gets?
question
- YES
- Greatly influences what direction agency goes
answer
Can Congress cut the budget if they do not like what the agency is doing?
question
- Set policy of agency
- Are appointed by president
- The president can remove from office and replace them (executive branch)
answer
Board Members (5-7)
question
3 branches of government outside.
- This is checks and balances
- Not Unconstitutional
answer
Internal to the agency, they exhibit the ______
question
Pages 555-559
answer
Organizational Structure of Administrative Agencies
question
Chair people, commissioners, board members
answer
Who is at the top of an agency?
question
-The president with advice and consent of the Senate
answer
Who appoints the people who are at the top of an agency?
question
- 4-8 years
answer
How long are the people typically at the top?
question
- Full-Time
answer
Are the employees at the top of the agency full-time or part-time?
question
-They set the policy
answer
What do the people at the top of the agency do?
question
- Yes
answer
Can the president remove the person who is at the top of an agency?
question
- While serving, the person cannot hold a position in the industry they are regulating
answer
What is a conflict of interest regarding the top position of an agency?
question
- Cannot all be of same political party
answer
Can the people at the top of the administrative agency all be the same political party?
question
- Revolving Door Syndrome
answer
What is a criticism of the agency?
question
- Where do they go after their term? They go back to industry they specialize in/regulate
~this is a criticism
- Pick people at the top because of expertise in the industry
answer
Revolving Door Syndrome
question
- Chairperson
answer
What is the head of the commission called?
question
- Has equal vote with out board members
answer
Chairperson
question
- Advisory Counsel
- Secretary
answer
Level (2) below the top is
question
- Out of industry that is regulated
- Advise commissioners what is happening in industry
- Not full time employees
- Tells board what working in industry and what is not
answer
Advisory Counsel
question
- The Advisory Counsel
answer
Every position is full-time except
question
Federal Register
answer
Everyone in the government reports to
question
- In charge of the records
- Report everything that happens
- Meetings, hearings
- Public record
answer
Secretary
question
- Information is published to the public
- Record is published daily
answer
Federal Register
question
- General Counsel
- Director of Operations
- Executive Director for Administration
- Administrative Law Judges
answer
3rd level down from the top is
question
- Chief law officer
- Represent the agency
- Make decision whether to settle a case or appeal
answer
General Counsel
question
- Bureau
- Advise Congress, President, individuals
- Investigators
- Internal operations
- Deals with non-compliance
answer
Director of Operations
question
- Payroll
-Budgeting
-Personnel
- Promotion
- Hiring / Firing
- Internal Operations
- Like HR...
answer
Executive Director for Administrations
question
- Not biased
- Not involved in policy making
answer
Administrative Law Judges
question
Immunity
answer
Administrative Agencies have
question
- Cannot be held personally liable for professional actions even if actions are unconstitutional
answer
immunity
question
- Administrative Law Judges
- Everyone else has limited / qualified immunity
answer
The only employees that have absolute immunity are
question
- Cannot be help personally liable unless what you did was unconstitutional
- Harm is unconditional = held liable
answer
Limited / Qualified Immunity
question
- Too many rules / regulations
- Cost a lot of money to comply
- Way rules / regulations written, a person cannot understand them
- You have to hire someone to help you interrupt the rules and regulations
- Lawyer, accountant
- Rules are so complex so they are difficult to follow and understand
- Too much paper work
- Administrative Agency takes too long to respond
- Adds to cost of doing business and it forces people to take business overseas
- Too much use of consent orders
- Revolving door Syndrome
answer
Criticisms of Administrative Agencies

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