LEGL 2700 Roessing Exam 4
Questions and answers 100%
Pass
Administrative Agency - CORRECT ANSWER-An organization, usually a part of
the executive branch of government, that is created to serve a specific purpose as
authorized by the legislative branch
Function is usually characterized as quasi-legislative or quasi-judicial
Quasi-legislative - CORRECT ANSWER-Describes the rule-making functions of
administrative agencies
Quasi-judicial - CORRECT ANSWER-Administrative actions involving factual
determinations and the discretionary application of rules and regulations
Cease and Desist Order - CORRECT ANSWER-The sanction that may be issued
by an administrative agency to prevent a party from violating the law
Consent Order - CORRECT ANSWER-Any court or regulatory order to which
the opposing party agrees: a contract of the parties entered upon the record with
the approval and sanction of a court
,General Counsel - CORRECT ANSWER-An individual who is responsible for
coordinating all law-related issues, such as the quasi-judicial hearings in
administrative agencies
Also used to describe the principal lawyer of a company
Administrative Law Judge - CORRECT ANSWER-The individual employed by an
administrative agency who is in charge of hearing the initial presentations in a
quasi-judicial case
Immunity - CORRECT ANSWER-Status of exemption from lawsuits or other
legal obligations
Administrative Law - CORRECT ANSWER-The legal principles involved in the
workings of administrative agencies within the regulatory process
Exhaustion of Remedies - CORRECT ANSWER-A concept used in
administrative law that requires any party to an administrative proceeding to give
the administrative agency every opportunity to resolve the dispute before appealing
to the court system
Primary Jurisdiction - CORRECT ANSWER-A doctrine used by reviewing courts
to determine whether a case is properly before the courts or whether it should be
heard by an administrative agency first since such an agency might have expertise
superior to the courts'
COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED
, Free Enterprise Fund v. Public Company Accounting Oversight Board (2010) -
CORRECT ANSWER-Businesses challenge audit oversight board
Board members had "double tenure" protections
Can only be fired "for cause" by SEC
SEC can only be fired "for cause" by President
Court finds this unconstitutional, but upholds its regulations
Adjusted so SEC can fire at will
Food and Drug Administration v. Brown & Williamson Tobacco Corporation
(2000) - CORRECT ANSWER-Can FDA regulate tobacco advertising?
Food, Drug, and Cosmetic Act gives broad powers
But subsequent statutes indicate "hands off" tobacco
Court vacates regulations 504
2009: new statute
2016: applies to e-cigs
Seila Law LLC v. CFPB (pending 2020) - CORRECT ANSWER-Seila Law asked
to send documents to CFPB
Seila refused, because CFPB's structure violates Constitution's separation of
powers
CFPB had one director, "for cause" firing
Questions and answers 100%
Pass
Administrative Agency - CORRECT ANSWER-An organization, usually a part of
the executive branch of government, that is created to serve a specific purpose as
authorized by the legislative branch
Function is usually characterized as quasi-legislative or quasi-judicial
Quasi-legislative - CORRECT ANSWER-Describes the rule-making functions of
administrative agencies
Quasi-judicial - CORRECT ANSWER-Administrative actions involving factual
determinations and the discretionary application of rules and regulations
Cease and Desist Order - CORRECT ANSWER-The sanction that may be issued
by an administrative agency to prevent a party from violating the law
Consent Order - CORRECT ANSWER-Any court or regulatory order to which
the opposing party agrees: a contract of the parties entered upon the record with
the approval and sanction of a court
,General Counsel - CORRECT ANSWER-An individual who is responsible for
coordinating all law-related issues, such as the quasi-judicial hearings in
administrative agencies
Also used to describe the principal lawyer of a company
Administrative Law Judge - CORRECT ANSWER-The individual employed by an
administrative agency who is in charge of hearing the initial presentations in a
quasi-judicial case
Immunity - CORRECT ANSWER-Status of exemption from lawsuits or other
legal obligations
Administrative Law - CORRECT ANSWER-The legal principles involved in the
workings of administrative agencies within the regulatory process
Exhaustion of Remedies - CORRECT ANSWER-A concept used in
administrative law that requires any party to an administrative proceeding to give
the administrative agency every opportunity to resolve the dispute before appealing
to the court system
Primary Jurisdiction - CORRECT ANSWER-A doctrine used by reviewing courts
to determine whether a case is properly before the courts or whether it should be
heard by an administrative agency first since such an agency might have expertise
superior to the courts'
COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED
, Free Enterprise Fund v. Public Company Accounting Oversight Board (2010) -
CORRECT ANSWER-Businesses challenge audit oversight board
Board members had "double tenure" protections
Can only be fired "for cause" by SEC
SEC can only be fired "for cause" by President
Court finds this unconstitutional, but upholds its regulations
Adjusted so SEC can fire at will
Food and Drug Administration v. Brown & Williamson Tobacco Corporation
(2000) - CORRECT ANSWER-Can FDA regulate tobacco advertising?
Food, Drug, and Cosmetic Act gives broad powers
But subsequent statutes indicate "hands off" tobacco
Court vacates regulations 504
2009: new statute
2016: applies to e-cigs
Seila Law LLC v. CFPB (pending 2020) - CORRECT ANSWER-Seila Law asked
to send documents to CFPB
Seila refused, because CFPB's structure violates Constitution's separation of
powers
CFPB had one director, "for cause" firing
