LEGL 2700 Roessing Exam 4 COMPLETE QUESTIONS
AND ANSWERS | ALREADY PASSED | 2025 LATEST!!
Administrative Agency - (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 - (ANSWER)Describes the rule-making functions of
administrative agencies
Quasi-judicial - (ANSWER)Administrative actions involving factual determinations
and the discretionary application of rules and regulations
Cease and Desist Order - (ANSWER)The sanction that may be issued by an
administrative agency to prevent a party from violating the law
Consent Order - (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 - (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 - (ANSWER)The individual employed by an
administrative agency who is in charge of hearing the initial presentations in a
quasi-judicial case
Immunity - (ANSWER)Status of exemption from lawsuits or other legal obligations
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 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 - (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 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)
- (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) - (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
Court disagreed
Has been upheld before for multi-member boards
CFPB target of conservatives/Elizabeth Warren project
Functions of Administrative Agencies - (ANSWER)Educate government officials &
public
Pass regulations
AND ANSWERS | ALREADY PASSED | 2025 LATEST!!
Administrative Agency - (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 - (ANSWER)Describes the rule-making functions of
administrative agencies
Quasi-judicial - (ANSWER)Administrative actions involving factual determinations
and the discretionary application of rules and regulations
Cease and Desist Order - (ANSWER)The sanction that may be issued by an
administrative agency to prevent a party from violating the law
Consent Order - (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 - (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 - (ANSWER)The individual employed by an
administrative agency who is in charge of hearing the initial presentations in a
quasi-judicial case
Immunity - (ANSWER)Status of exemption from lawsuits or other legal obligations
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 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 - (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 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)
- (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) - (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
Court disagreed
Has been upheld before for multi-member boards
CFPB target of conservatives/Elizabeth Warren project
Functions of Administrative Agencies - (ANSWER)Educate government officials &
public
Pass regulations
