LEGL 2700 Roessing Exam 4 with 100% 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 Exhaustion of Remedies - -A concept used in
Function is usually characterized as quasi-legislative or administrative law that requires any party to an
quasi-judicial administrative proceeding to give the administrative
agency every opportunity to resolve the dispute before
appealing to the court system
Quasi-legislative - -Describes the rule-making
functions of administrative agencies
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
Quasi-judicial - -Administrative actions involving agency first since such an agency might have expertise
factual determinations and the discretionary application of superior to the courts'
rules and regulations
Free Enterprise Fund v. Public Company Accounting
Cease and Desist Order - -The sanction that may Oversight Board (2010) - -Businesses challenge
be issued by an administrative agency to prevent a party audit oversight board
from violating the law 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
Consent Order - -Any court or regulatory order to regulations
which the opposing party agrees: a contract of the parties Adjusted so SEC can fire at will
entered upon the record with the approval and sanction of
a court
Food and Drug Administration v. Brown & Williamson
Tobacco Corporation (2000) - -Can FDA regulate
General Counsel - -An individual who is responsible tobacco advertising?
for coordinating all law-related issues, such as the quasi- Food, Drug, and Cosmetic Act gives broad powers
judicial hearings in administrative agencies But subsequent statutes indicate "hands off" tobacco
Also used to describe the principal lawyer of a company Court vacates regulations 504
2009: new statute
2016: applies to e-cigs
Administrative Law Judge - -The individual
employed by an administrative agency who is in charge of
hearing the initial presentations in a quasi-judicial case 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
Immunity - -Status of exemption from lawsuits or CFPB had one director, "for cause" firing
Court disagreed
other legal obligations
Has been upheld before for multi-member boards
CFPB target of conservatives/Elizabeth Warren project
Administrative Law - -The legal principles involved
in the workings of administrative agencies within the
Functions of Administrative Agencies - -Educate
regulatory process
1/6
, LEGL 2700 Roessing Exam 4 with 100% Correct Answers
government officials & public
Pass regulations Business Necessity Defense - -An affirmative
Enforce regulations defense under Title VII of the Civil Rights Act
Provide services Raised to disparate impact claims and asserts that a
facially neutral but discriminatory policy is job related
Pros of Administrative Agencies - -Subject matter
expertise Retaliation - -Striking back against someone for
Public/consumer safety what they did to you
Efficient adjudication Used in labor law, employment discrimination cases, and
Prevent externalities/race to the bottom whistle-blowing as part of a doctrine prohibiting an
Some provide services employer from firing or taking other adverse actions
against employees for reporting the employer to federal
agencies for violating various laws
Cons of Administrative Agencies - -Use tax money
Impose compliance costs
Unelected Sexual Harassment - -Under Title VII, for an
Distort free market employer or workplace supervisor to promise benefits or
Adjudication threaten loss if an employee does not give sexual favors
Magnetball Litigation - -In 2012, CPSC imposes Hostile Work Environment - -Under Title VII, an
recall, then sues to enforce environment where co-workers make offensive sexual
Buckyballs settles, Zen Magnets fights comments or propositions, engage in suggestive touching,
In 2016, 10th Circuit vacates CPSC rule show nude pictures, or draw sexual graffiti
CPSC works to revise rule, fails to get consensus
CPSC currently has 2-2 political split
Comparable Worth - -Jobs that, although different,
produce substantially equal value for the employer
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 Affirmative Action - -Positive steps taken in order to
business alleviate conditions resulting from past discrimination or
from violations of a law
Disparate Treatment - -A term of employment
litigation that refers to the illegal discriminatory treatment Reverse Discrimination - -The advancement and
of an individual in some protected class (e.g., race or sex) recruitment of minority workers ahead of similarly qualified
Intentional discrimination nonminority workers
Disparate Impact - -A term of employment litigation Seniority System - -A plan giving priority to
that refers to the disproportionate impact of a policy employees based on the length of time an employee has
neutral on its face on some protected class (e.g., race or worked for an employer
sex) An employer may apply different standards pursuant to a
good-faith seniority system if the differences are not the
result for an intention to discriminate
2/6
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 Exhaustion of Remedies - -A concept used in
Function is usually characterized as quasi-legislative or administrative law that requires any party to an
quasi-judicial administrative proceeding to give the administrative
agency every opportunity to resolve the dispute before
appealing to the court system
Quasi-legislative - -Describes the rule-making
functions of administrative agencies
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
Quasi-judicial - -Administrative actions involving agency first since such an agency might have expertise
factual determinations and the discretionary application of superior to the courts'
rules and regulations
Free Enterprise Fund v. Public Company Accounting
Cease and Desist Order - -The sanction that may Oversight Board (2010) - -Businesses challenge
be issued by an administrative agency to prevent a party audit oversight board
from violating the law 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
Consent Order - -Any court or regulatory order to regulations
which the opposing party agrees: a contract of the parties Adjusted so SEC can fire at will
entered upon the record with the approval and sanction of
a court
Food and Drug Administration v. Brown & Williamson
Tobacco Corporation (2000) - -Can FDA regulate
General Counsel - -An individual who is responsible tobacco advertising?
for coordinating all law-related issues, such as the quasi- Food, Drug, and Cosmetic Act gives broad powers
judicial hearings in administrative agencies But subsequent statutes indicate "hands off" tobacco
Also used to describe the principal lawyer of a company Court vacates regulations 504
2009: new statute
2016: applies to e-cigs
Administrative Law Judge - -The individual
employed by an administrative agency who is in charge of
hearing the initial presentations in a quasi-judicial case 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
Immunity - -Status of exemption from lawsuits or CFPB had one director, "for cause" firing
Court disagreed
other legal obligations
Has been upheld before for multi-member boards
CFPB target of conservatives/Elizabeth Warren project
Administrative Law - -The legal principles involved
in the workings of administrative agencies within the
Functions of Administrative Agencies - -Educate
regulatory process
1/6
, LEGL 2700 Roessing Exam 4 with 100% Correct Answers
government officials & public
Pass regulations Business Necessity Defense - -An affirmative
Enforce regulations defense under Title VII of the Civil Rights Act
Provide services Raised to disparate impact claims and asserts that a
facially neutral but discriminatory policy is job related
Pros of Administrative Agencies - -Subject matter
expertise Retaliation - -Striking back against someone for
Public/consumer safety what they did to you
Efficient adjudication Used in labor law, employment discrimination cases, and
Prevent externalities/race to the bottom whistle-blowing as part of a doctrine prohibiting an
Some provide services employer from firing or taking other adverse actions
against employees for reporting the employer to federal
agencies for violating various laws
Cons of Administrative Agencies - -Use tax money
Impose compliance costs
Unelected Sexual Harassment - -Under Title VII, for an
Distort free market employer or workplace supervisor to promise benefits or
Adjudication threaten loss if an employee does not give sexual favors
Magnetball Litigation - -In 2012, CPSC imposes Hostile Work Environment - -Under Title VII, an
recall, then sues to enforce environment where co-workers make offensive sexual
Buckyballs settles, Zen Magnets fights comments or propositions, engage in suggestive touching,
In 2016, 10th Circuit vacates CPSC rule show nude pictures, or draw sexual graffiti
CPSC works to revise rule, fails to get consensus
CPSC currently has 2-2 political split
Comparable Worth - -Jobs that, although different,
produce substantially equal value for the employer
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 Affirmative Action - -Positive steps taken in order to
business alleviate conditions resulting from past discrimination or
from violations of a law
Disparate Treatment - -A term of employment
litigation that refers to the illegal discriminatory treatment Reverse Discrimination - -The advancement and
of an individual in some protected class (e.g., race or sex) recruitment of minority workers ahead of similarly qualified
Intentional discrimination nonminority workers
Disparate Impact - -A term of employment litigation Seniority System - -A plan giving priority to
that refers to the disproportionate impact of a policy employees based on the length of time an employee has
neutral on its face on some protected class (e.g., race or worked for an employer
sex) An employer may apply different standards pursuant to a
good-faith seniority system if the differences are not the
result for an intention to discriminate
2/6
