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Administrative Law Flashcards

MGMT 300 test 4

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Posted on 
May 22nd, 2023
Home Administrative Law Flashcards MGMT 300 test 4
question
who creates federal administrations agencies? How?Who nominates the memebers?
answer
congress and state legislatures. Through passing enabling legislation. The president and they must also be approved by the senate.
question
executive agency has how many directors? When can the president remove them?How do they get appointed?
answer
1 and at anytime
question
Independent Regulatory Agency serve for? How can they be removed?
answer
they serve for fixed terms and can only be removed with just cause.
question
2 examples of independent regulatory agency?
answer
Federal trade commission and Securities and exchange commission.
question
3 major powers a single agency is generally given?
answer
rule-making, enforcement and adjudication
question
An agency's "legislative rules"are AS legally binding than congress laws? T or F
answer
T
question
Under the APA, a court will determine that an agency action is unlawful and should be set aside if the agency action is? This standard does not require that the court to do what?
answer
1. arbitrary, capricious, an abuse of
discretion, or not in accordance with the law. Determine if the agency's action was correct, but only if it was reasonable
question
What are the 3 phases (steps) of notice-and-comment rule-making? Where is it published?
answer
Notice of the proposed rule-making, A comment period, The final rule. It is published in the federal register.
question
A party can appeal an ALJ's decision to a court only after what?
answer
exhaust all administrative remedies before appealing to the appropriate court.
question
In the Chevron case (the clean air act), the Supreme Court held that courts should defer to an agency's interpretation of the? This notion has been?
answer
law as well as fact. Controversial.
question
When a court reviews an agency's interpretation of the law (of the statute), what is the 2-step analysis courts apply?
answer
Did congress directly address the issue in dispute in the statute?
If the statute is silent and ambiguous, is the agency's interpretation "reasonable"?
question
The Regulatory Flexibility Act and the SBREFA help?
answer
ease the regulatory burden on small businesses
question
The Federal_Trade_Commission Act created what? To prevent what?
answer
Federal Trade Commission. unfair and deceptive trade practices.
question
Under the FTC's online deceptive advertising guidelines, what is required for disclosures?
answer
It must be clear and conspicuous.
question
Protects consumers from contaminated and misbranded food and drugs? Gives who the authority to regulate food, drugs, and cosmetics?
answer
The FDCA. The FDA
question
TILA law requires disclosure of what?
answer
requires certain sellers and lenders to disclose credit or loan terms.
question
What is regulation Z under the TILA act?
answer
sets out the specific disclosure requirements for installment sales contracts that require 4 installments. Must have clear and conspicuous disclosure of APR and finance charges.
question
What is rulemaking?
answer
Agency process for formulating, amending, or repealing a rule
question
Interpretive rules and other informal actions do not what?
answer
Have the force of law
question
what is Judicial "deference" to agency's interpretation of the law?
answer
The court will respect the agency's decision and agree with what ever they decide
question
Legislative branch" ........." the law
Executive branch "............" the law
Judicial branch"............" the law
answer
makes, enforces and adjudication
question
what is the bubble policy?
answer
no permit needed for modifications or additions of pollution-emitting source if total plant (bubble) emissions were unchanged
question
FTC is an Independent Regulatory Agency with how many commissioners? How long do they serve? who nominates them?
answer
5 commissioners. They serve for 7 years. The president nominates them.
question
Purpose of FTCA & FTC?
answer
to prevent unfair and deceptive trade practices
question
What do you have to show to prove deceptive advertising?Does this include puffery?
answer
A reasonable consumer would be misled by the claim. NO
question
What is "puffery"
answer
obvious exaggerations, opinions, can't be verified/measured
question
Half-truths?
answer
true but incomplete claims that lead to false conclusions
question
When FTC receives numerous/widespread complaints, it?
answer
investigates
question
If it concludes an advertisement is unfair or deceptive, it issues a?
answer
Formal Complaint
question
Company might agree to? If not, FTC conducts a?
answer
settle. Hearing
question
Consumer Financial Protection Bureau (CFPB) oversees what?
answer
oversees the practices of banks, mortgage lenders, and credit-card companies.
question
what does the FAIR DEBT COLLECTION ACT do?
answer
To curb abuses debt-collection agencies who regularly collect debts.
question
what are the 2 BASIC KINDS OF AGENCIES?
answer
Executive Agencies and Independent Regulatory Agencies
question
Does the CFPB violate seperation of powers?
answer
Yes, because it places too much power within a single director.
question
When FTC receives numerous/widespread complaints, it?
If it concludes an advertisement is unfair or deceptive, it issues a?
Company might agree to?
If not, FTC conducts a?
answer
investigates. Formal complaint. Settle. Hearing.
question
Equal Credit Opportunity Act (ECOA)
answer
Protects against discrimination against someone based on their gender, race, religion or national origin
question
Labeling and Packaging Laws
answer
labeling of fuel economy, nutritional and caloric content
question
afordable health care act
answer
-Children can stay on w/ parents until age 26.
-50% off of name-brand drugs.
-Preventive services, such as cancer-screening, must be provided without cost to patients.
1 of 38
question
who creates federal administrations agencies? How?Who nominates the memebers?
answer
congress and state legislatures. Through passing enabling legislation. The president and they must also be approved by the senate.
question
executive agency has how many directors? When can the president remove them?How do they get appointed?
answer
1 and at anytime
question
Independent Regulatory Agency serve for? How can they be removed?
answer
they serve for fixed terms and can only be removed with just cause.
question
2 examples of independent regulatory agency?
answer
Federal trade commission and Securities and exchange commission.
question
3 major powers a single agency is generally given?
answer
rule-making, enforcement and adjudication
question
An agency's "legislative rules"are AS legally binding than congress laws? T or F
answer
T
question
Under the APA, a court will determine that an agency action is unlawful and should be set aside if the agency action is? This standard does not require that the court to do what?
answer
1. arbitrary, capricious, an abuse of
discretion, or not in accordance with the law. Determine if the agency's action was correct, but only if it was reasonable
question
What are the 3 phases (steps) of notice-and-comment rule-making? Where is it published?
answer
Notice of the proposed rule-making, A comment period, The final rule. It is published in the federal register.
question
A party can appeal an ALJ's decision to a court only after what?
answer
exhaust all administrative remedies before appealing to the appropriate court.
question
In the Chevron case (the clean air act), the Supreme Court held that courts should defer to an agency's interpretation of the? This notion has been?
answer
law as well as fact. Controversial.
question
When a court reviews an agency's interpretation of the law (of the statute), what is the 2-step analysis courts apply?
answer
Did congress directly address the issue in dispute in the statute?
If the statute is silent and ambiguous, is the agency's interpretation "reasonable"?
question
The Regulatory Flexibility Act and the SBREFA help?
answer
ease the regulatory burden on small businesses
question
The Federal_Trade_Commission Act created what? To prevent what?
answer
Federal Trade Commission. unfair and deceptive trade practices.
question
Under the FTC's online deceptive advertising guidelines, what is required for disclosures?
answer
It must be clear and conspicuous.
question
Protects consumers from contaminated and misbranded food and drugs? Gives who the authority to regulate food, drugs, and cosmetics?
answer
The FDCA. The FDA
question
TILA law requires disclosure of what?
answer
requires certain sellers and lenders to disclose credit or loan terms.
question
What is regulation Z under the TILA act?
answer
sets out the specific disclosure requirements for installment sales contracts that require 4 installments. Must have clear and conspicuous disclosure of APR and finance charges.
question
What is rulemaking?
answer
Agency process for formulating, amending, or repealing a rule
question
Interpretive rules and other informal actions do not what?
answer
Have the force of law
question
what is Judicial "deference" to agency's interpretation of the law?
answer
The court will respect the agency's decision and agree with what ever they decide
question
Legislative branch" ........." the law
Executive branch "............" the law
Judicial branch"............" the law
answer
makes, enforces and adjudication
question
what is the bubble policy?
answer
no permit needed for modifications or additions of pollution-emitting source if total plant (bubble) emissions were unchanged
question
FTC is an Independent Regulatory Agency with how many commissioners? How long do they serve? who nominates them?
answer
5 commissioners. They serve for 7 years. The president nominates them.
question
Purpose of FTCA & FTC?
answer
to prevent unfair and deceptive trade practices
question
What do you have to show to prove deceptive advertising?Does this include puffery?
answer
A reasonable consumer would be misled by the claim. NO
question
What is "puffery"
answer
obvious exaggerations, opinions, can't be verified/measured
question
Half-truths?
answer
true but incomplete claims that lead to false conclusions
question
When FTC receives numerous/widespread complaints, it?
answer
investigates
question
If it concludes an advertisement is unfair or deceptive, it issues a?
answer
Formal Complaint
question
Company might agree to? If not, FTC conducts a?
answer
settle. Hearing
question
Consumer Financial Protection Bureau (CFPB) oversees what?
answer
oversees the practices of banks, mortgage lenders, and credit-card companies.
question
what does the FAIR DEBT COLLECTION ACT do?
answer
To curb abuses debt-collection agencies who regularly collect debts.
question
what are the 2 BASIC KINDS OF AGENCIES?
answer
Executive Agencies and Independent Regulatory Agencies
question
Does the CFPB violate seperation of powers?
answer
Yes, because it places too much power within a single director.
question
When FTC receives numerous/widespread complaints, it?
If it concludes an advertisement is unfair or deceptive, it issues a?
Company might agree to?
If not, FTC conducts a?
answer
investigates. Formal complaint. Settle. Hearing.
question
Equal Credit Opportunity Act (ECOA)
answer
Protects against discrimination against someone based on their gender, race, religion or national origin
question
Labeling and Packaging Laws
answer
labeling of fuel economy, nutritional and caloric content
question
afordable health care act
answer
-Children can stay on w/ parents until age 26.
-50% off of name-brand drugs.
-Preventive services, such as cancer-screening, must be provided without cost to patients.

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