LEGL 2700 Roessing Exam 4 Questions And 100%
Correct Answers Latest Update
Administrative Agency - ANSWER An organization, often a part of the executive
department of government, formed for the purpose of carrying out a specific function as
mandated by the legislature
Function is typically regarded as quasi-legislative or quasi-judicial
Quasi-legislative - ANSWER Defines the rule-making functions of administrative
agencies
Quasi-judicial - ANSWER Administrative actions that involve factual findings and
discretionary application of rules and regulations
Cease and Desist Order - ANSWER The punishment an administrative agency can
impose to have a party not continue violating the law
Consent Order - ANSWER An order entered by a court or regulatory agency to which the
opposing party consents: a contract of the parties put on the record with the approval
and sanction of the court
General Counsel - ANSWER One who has responsibility for coordinating all law-related
issues, such as the quasi-judicial hearings in administrative agencies
Also used to refer to the chief lawyer of a company
Administrative Law Judge - ANSWER The person employed by an administrative agency
who is authorized to hear the initial presentations in a quasi-judicial matter
Immunity - ANSWER The status of being exempt from lawsuits or other legal
, responsibilities
Administrative Law - ANSWER The legal principles involved in the workings of
administrative agencies within the regulatory process
Exhaustion of Remedies - ANSWER A concept used in administrative law which 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 - 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'
Free Enterprise Fund v. Public Company Accounting Oversight Board (2010) - ANSWER
Businesses challenge audit oversight board
Board members had "double tenure" protections
Can only be removed "for cause" by SEC
SEC can only be removed "for cause" by President
Court holds this unconstitutional, but leaves its regulations intact
Reformed so SEC can remove at will
Food and Drug Administration v. Brown & Williamson Tobacco Corporation (2000) -
ANSWER May FDA regulate tobacco advertising?
Food, Drug, and Cosmetic Act gives FDA broad authority
But subsequent laws suggest "hands off" tobacco
Court invalidates regulations 504
2009: new law
2016: extended to e-cigs
Correct Answers Latest Update
Administrative Agency - ANSWER An organization, often a part of the executive
department of government, formed for the purpose of carrying out a specific function as
mandated by the legislature
Function is typically regarded as quasi-legislative or quasi-judicial
Quasi-legislative - ANSWER Defines the rule-making functions of administrative
agencies
Quasi-judicial - ANSWER Administrative actions that involve factual findings and
discretionary application of rules and regulations
Cease and Desist Order - ANSWER The punishment an administrative agency can
impose to have a party not continue violating the law
Consent Order - ANSWER An order entered by a court or regulatory agency to which the
opposing party consents: a contract of the parties put on the record with the approval
and sanction of the court
General Counsel - ANSWER One who has responsibility for coordinating all law-related
issues, such as the quasi-judicial hearings in administrative agencies
Also used to refer to the chief lawyer of a company
Administrative Law Judge - ANSWER The person employed by an administrative agency
who is authorized to hear the initial presentations in a quasi-judicial matter
Immunity - ANSWER The status of being exempt from lawsuits or other legal
, responsibilities
Administrative Law - ANSWER The legal principles involved in the workings of
administrative agencies within the regulatory process
Exhaustion of Remedies - ANSWER A concept used in administrative law which 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 - 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'
Free Enterprise Fund v. Public Company Accounting Oversight Board (2010) - ANSWER
Businesses challenge audit oversight board
Board members had "double tenure" protections
Can only be removed "for cause" by SEC
SEC can only be removed "for cause" by President
Court holds this unconstitutional, but leaves its regulations intact
Reformed so SEC can remove at will
Food and Drug Administration v. Brown & Williamson Tobacco Corporation (2000) -
ANSWER May FDA regulate tobacco advertising?
Food, Drug, and Cosmetic Act gives FDA broad authority
But subsequent laws suggest "hands off" tobacco
Court invalidates regulations 504
2009: new law
2016: extended to e-cigs
