LEGL 2700 Roessing Exam 4 UPDATED ACTUAL Questions
and CORRECT Answers
Administrative Agency 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 Describes the rule-making functions of administrative agencies
Quasi-judicial Administrative actions involving factual determinations and the discretionary
application of rules and regulations
Cease and Desist Order The sanction that may be issued by an administrative agency to prevent a party
from violating the law
Consent Order 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 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 The individual employed by an administrative agency who is in charge of hearing
the initial presentations in a quasi-judicial case
Immunity Status of exemption from lawsuits or other legal obligations
Administrative Law The legal principles involved in the workings of administrative agencies within the
regulatory process
Exhaustion of Remedies 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 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'
Free Enterprise Fund v. Public Company Accounting Businesses challenge audit oversight board
Oversight Board (2010) 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 Can FDA regulate tobacco advertising?
Tobacco Corporation (2000) 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) 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
Court disagreed
Has been upheld before for multi-member boards
CFPB target of conservatives/Elizabeth Warren project
Functions of Administrative Agencies Educate government officials & public
Pass regulations
Enforce regulations
Provide services
Pros of Administrative Agencies Subject matter expertise
Public/consumer safety
Efficient adjudication
Prevent externalities/race to the bottom
Some provide services
Cons of Administrative Agencies Use tax money
Impose compliance costs
Unelected
Distort free market
Adjudication
Magnetball Litigation In 2012, CPSC imposes recall, then sues to enforce
Buckyballs settles, Zen Magnets fights
In 2016, 10th Circuit vacates CPSC rule
CPSC works to revise rule, fails to get consensus
CPSC currently has 2-2 political split
Bona Fide Occupational Qualifications (BFOQs) A qualification that permits discriminatory practices in employment if a person's
religion, sex, or national origin is reasonably related to the normal operation of a
particular business
Disparate Treatment A term of employment litigation that refers to the illegal discriminatory treatment
of an individual in some protected class (e.g., race or sex)
Intentional discrimination
Disparate Impact A term of employment litigation that refers to the disproportionate impact of a
policy neutral on its face on some protected class (e.g., race or sex)
Business Necessity Defense An affirmative defense under Title VII of the Civil Rights Act
Raised to disparate impact claims and asserts that a facially neutral but
discriminatory policy is job related
and CORRECT Answers
Administrative Agency 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 Describes the rule-making functions of administrative agencies
Quasi-judicial Administrative actions involving factual determinations and the discretionary
application of rules and regulations
Cease and Desist Order The sanction that may be issued by an administrative agency to prevent a party
from violating the law
Consent Order 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 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 The individual employed by an administrative agency who is in charge of hearing
the initial presentations in a quasi-judicial case
Immunity Status of exemption from lawsuits or other legal obligations
Administrative Law The legal principles involved in the workings of administrative agencies within the
regulatory process
Exhaustion of Remedies 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 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'
Free Enterprise Fund v. Public Company Accounting Businesses challenge audit oversight board
Oversight Board (2010) 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 Can FDA regulate tobacco advertising?
Tobacco Corporation (2000) 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) 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
Court disagreed
Has been upheld before for multi-member boards
CFPB target of conservatives/Elizabeth Warren project
Functions of Administrative Agencies Educate government officials & public
Pass regulations
Enforce regulations
Provide services
Pros of Administrative Agencies Subject matter expertise
Public/consumer safety
Efficient adjudication
Prevent externalities/race to the bottom
Some provide services
Cons of Administrative Agencies Use tax money
Impose compliance costs
Unelected
Distort free market
Adjudication
Magnetball Litigation In 2012, CPSC imposes recall, then sues to enforce
Buckyballs settles, Zen Magnets fights
In 2016, 10th Circuit vacates CPSC rule
CPSC works to revise rule, fails to get consensus
CPSC currently has 2-2 political split
Bona Fide Occupational Qualifications (BFOQs) A qualification that permits discriminatory practices in employment if a person's
religion, sex, or national origin is reasonably related to the normal operation of a
particular business
Disparate Treatment A term of employment litigation that refers to the illegal discriminatory treatment
of an individual in some protected class (e.g., race or sex)
Intentional discrimination
Disparate Impact A term of employment litigation that refers to the disproportionate impact of a
policy neutral on its face on some protected class (e.g., race or sex)
Business Necessity Defense An affirmative defense under Title VII of the Civil Rights Act
Raised to disparate impact claims and asserts that a facially neutral but
discriminatory policy is job related
