LEGAL 2700 – Questions With Proper Solutions
Save
Terms in this set (138)
Examples of administrative FDA, FBI, SEC, EPA
agencies:
Executive:
-Enforcing Law and Regulations
-Power to investigate, prosecute, advise, supervise
Quasi-legislative:
How do administrative
-Making Regulations
agencies get their power?
-Power to create rules and regulations
Quasi-judicial:
-Adjudicating violations of laws or regulations
-Power to decide controversies
What are the functions of Rulemaking, adjudicating, advising, and investigating
agencies?
-a quasi-legislative power of agencies
-regulations have the force and effect of law
Rulemaking: -must allow time for public comment after proposing
regulations
2 multiple choice options
-issued to supplement rules and regulations
Guidelines:
-advisory: don't have the force and effect of law
Quasi judicial function
Adjudicating
-involves fact-finding and applying law to the facts
-Cease and Desist Order: order that the violator must
stop objectionable activity and refrain from any further
violation
Adjudicating tools:
-Consent Order: order entered by the agency that is
agreed upon by the accused and requires the accused
to waive rights to judicial review (basically a settlement)
,How many members do 5-7 and one member is appointed as chairsperson
agencies, boards, or which is confirmed by the Senate
commissions consist of?
TRUE OR FALSE: TRUE
Appointed chairpersons'
are not permitted to
engage in other
employment during the
terms.
Chairperson, secretary, advisory council, general
Organizational structure of
counsel, director of operations, executive director of
an agency:
administration, and regional offices
1. Specificity
2. Expertise
Reasons for administrative
3. Protection
agencies:
4. Regulation
5. Services
-presiding officer at meetings, most visible, usually
Role of the Chairperson:
belongs to the same political party as the president
-not employed by the agency
Advisory Council: -provide interaction between regulators and those
being regulated
General Counsel: -chief law officer and legal advisor
Executive Director of Chief operating officer who supervises administrative
Administration: functions
Regional Offices: Investigate alleged violations of the law
-part of the quasi-judicial staff
-Perform the adjudicative fact-finding functions
-ALJs hear cases of alleged law violations and apply the
Administrative law judges:
law to the facts
-immunity: Protection of judges from liability for
damages based on decisions
, -Lucia was engaging in questionable behavior, lawsuit
filed against him, he did not like the decision, claimed
the administrative law judge that presided over the case
should be an "Officer of the United States" which would
require appointment by the President, Courts of Law, or
Lucia v. SEC
Heads of Departments
-Are administrative law judges "Officers of the United
States" or mere employees of the Federal Government?
-Ruling: they are considered to be "Officers of the
United States"
TRUE OR FALSE? The TRUE
public can present
evidence in support or
opposition to a regulation
in a public hearing.
-Judicial review of any administrative agency's decision
requires standing to sue
Standing to Sue:
-to establish this both review-ability and the aggrieved
party must be addressed/analyzed
-is the action or decision of the agency subject to
judicial review?
Reviewablity: -did Congress direct that this specific type of dispute
must have exhausted all administrative remedies before
it can have standing?
Person suffered legal wrong because of agency action
Aggrieved party: OR
Adversely affected or aggrieved by agency action
1. Is delegation valid?
basic issues challenging the
-Must be Definite
validity of a rule proposed
-Must be Limited
by an agency:
2. Has the Agency exceeded it's authority?
-Did the FDA try to exceed their authority?
-FDA was trying to reduce tobacco consumption of
children and teenagers-they believed this within the
FDA V. Brown & Williamson area of their regulation
Tobacco Corporation: -Ultimately after looking at the intent of Congress(did
Congress intend for the FDA to regulate tobacco? No)
the court ruled that the FDA had exceeded their
authority
Save
Terms in this set (138)
Examples of administrative FDA, FBI, SEC, EPA
agencies:
Executive:
-Enforcing Law and Regulations
-Power to investigate, prosecute, advise, supervise
Quasi-legislative:
How do administrative
-Making Regulations
agencies get their power?
-Power to create rules and regulations
Quasi-judicial:
-Adjudicating violations of laws or regulations
-Power to decide controversies
What are the functions of Rulemaking, adjudicating, advising, and investigating
agencies?
-a quasi-legislative power of agencies
-regulations have the force and effect of law
Rulemaking: -must allow time for public comment after proposing
regulations
2 multiple choice options
-issued to supplement rules and regulations
Guidelines:
-advisory: don't have the force and effect of law
Quasi judicial function
Adjudicating
-involves fact-finding and applying law to the facts
-Cease and Desist Order: order that the violator must
stop objectionable activity and refrain from any further
violation
Adjudicating tools:
-Consent Order: order entered by the agency that is
agreed upon by the accused and requires the accused
to waive rights to judicial review (basically a settlement)
,How many members do 5-7 and one member is appointed as chairsperson
agencies, boards, or which is confirmed by the Senate
commissions consist of?
TRUE OR FALSE: TRUE
Appointed chairpersons'
are not permitted to
engage in other
employment during the
terms.
Chairperson, secretary, advisory council, general
Organizational structure of
counsel, director of operations, executive director of
an agency:
administration, and regional offices
1. Specificity
2. Expertise
Reasons for administrative
3. Protection
agencies:
4. Regulation
5. Services
-presiding officer at meetings, most visible, usually
Role of the Chairperson:
belongs to the same political party as the president
-not employed by the agency
Advisory Council: -provide interaction between regulators and those
being regulated
General Counsel: -chief law officer and legal advisor
Executive Director of Chief operating officer who supervises administrative
Administration: functions
Regional Offices: Investigate alleged violations of the law
-part of the quasi-judicial staff
-Perform the adjudicative fact-finding functions
-ALJs hear cases of alleged law violations and apply the
Administrative law judges:
law to the facts
-immunity: Protection of judges from liability for
damages based on decisions
, -Lucia was engaging in questionable behavior, lawsuit
filed against him, he did not like the decision, claimed
the administrative law judge that presided over the case
should be an "Officer of the United States" which would
require appointment by the President, Courts of Law, or
Lucia v. SEC
Heads of Departments
-Are administrative law judges "Officers of the United
States" or mere employees of the Federal Government?
-Ruling: they are considered to be "Officers of the
United States"
TRUE OR FALSE? The TRUE
public can present
evidence in support or
opposition to a regulation
in a public hearing.
-Judicial review of any administrative agency's decision
requires standing to sue
Standing to Sue:
-to establish this both review-ability and the aggrieved
party must be addressed/analyzed
-is the action or decision of the agency subject to
judicial review?
Reviewablity: -did Congress direct that this specific type of dispute
must have exhausted all administrative remedies before
it can have standing?
Person suffered legal wrong because of agency action
Aggrieved party: OR
Adversely affected or aggrieved by agency action
1. Is delegation valid?
basic issues challenging the
-Must be Definite
validity of a rule proposed
-Must be Limited
by an agency:
2. Has the Agency exceeded it's authority?
-Did the FDA try to exceed their authority?
-FDA was trying to reduce tobacco consumption of
children and teenagers-they believed this within the
FDA V. Brown & Williamson area of their regulation
Tobacco Corporation: -Ultimately after looking at the intent of Congress(did
Congress intend for the FDA to regulate tobacco? No)
the court ruled that the FDA had exceeded their
authority
