LEGL 2700 Roessing Exam 4 – Questions And
Appropriate Solutions
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Terms in this set (90)
An organization, usually a part of the executive branch
of government, that is created to serve a specific
Administrative Agency purpose as authorized by the legislative branch
Function is usually characterized as quasi-legislative or
quasi-judicial
Describes the rule-making functions of administrative
Quasi-legislative
agencies
Administrative actions involving factual determinations
Quasi-judicial and the discretionary application of rules and
regulations
The sanction that may be issued by an administrative
Cease and Desist Order
agency to prevent a party from violating the law
Any court or regulatory order to which the opposing
Consent Order party agrees: a contract of the parties entered upon the
record with the approval and sanction of a court
An individual who is responsible for coordinating all
law-related issues, such as the quasi-judicial hearings in
General Counsel administrative agencies
Also used to describe the principal lawyer of a
company
The individual employed by an administrative agency
Administrative Law Judge who is in charge of hearing the initial presentations in a
quasi-judicial case
Status of exemption from lawsuits or other legal
Immunity
obligations
The legal principles involved in the workings of
Administrative Law
administrative agencies within the regulatory process
, A concept used in administrative law that requires any
party to an administrative proceeding to give the
Exhaustion of Remedies
administrative agency every opportunity to resolve the
dispute before appealing to the court system
A doctrine used by reviewing courts to determine
whether a case is properly before the courts or whether
Primary Jurisdiction it should be heard by an administrative agency first
since such an agency might have expertise superior to
the courts'
Businesses challenge audit oversight board
Board members had "double tenure" protections
Free Enterprise Fund v.
Can only be fired "for cause" by SEC
Public Company
SEC can only be fired "for cause" by President
Accounting Oversight
Court finds this unconstitutional, but upholds its
Board (2010)
regulations
Adjusted so SEC can fire at will
Can FDA regulate tobacco advertising?
Food and Drug Food, Drug, and Cosmetic Act gives broad powers
Administration v. Brown & But subsequent statutes indicate "hands off" tobacco
Williamson Tobacco Court vacates regulations 504
Corporation (2000) 2009: new statute
2016: applies to e-cigs
Seila Law asked to send documents to CFPB
Seila refused, because CFPB's structure violates
Constitution's separation of powers
Seila Law LLC v. CFPB
CFPB had one director, "for cause" firing
(pending 2020)
Court disagreed
Has been upheld before for multi-member boards
CFPB target of conservatives/Elizabeth Warren project
Educate government officials & public
Functions of Administrative Pass regulations
Agencies Enforce regulations
Provide services
Subject matter expertise
Public/consumer safety
Pros of Administrative
Efficient adjudication
Agencies
Prevent externalities/race to the bottom
Some provide services
Appropriate Solutions
Save
Terms in this set (90)
An organization, usually a part of the executive branch
of government, that is created to serve a specific
Administrative Agency purpose as authorized by the legislative branch
Function is usually characterized as quasi-legislative or
quasi-judicial
Describes the rule-making functions of administrative
Quasi-legislative
agencies
Administrative actions involving factual determinations
Quasi-judicial and the discretionary application of rules and
regulations
The sanction that may be issued by an administrative
Cease and Desist Order
agency to prevent a party from violating the law
Any court or regulatory order to which the opposing
Consent Order party agrees: a contract of the parties entered upon the
record with the approval and sanction of a court
An individual who is responsible for coordinating all
law-related issues, such as the quasi-judicial hearings in
General Counsel administrative agencies
Also used to describe the principal lawyer of a
company
The individual employed by an administrative agency
Administrative Law Judge who is in charge of hearing the initial presentations in a
quasi-judicial case
Status of exemption from lawsuits or other legal
Immunity
obligations
The legal principles involved in the workings of
Administrative Law
administrative agencies within the regulatory process
, A concept used in administrative law that requires any
party to an administrative proceeding to give the
Exhaustion of Remedies
administrative agency every opportunity to resolve the
dispute before appealing to the court system
A doctrine used by reviewing courts to determine
whether a case is properly before the courts or whether
Primary Jurisdiction it should be heard by an administrative agency first
since such an agency might have expertise superior to
the courts'
Businesses challenge audit oversight board
Board members had "double tenure" protections
Free Enterprise Fund v.
Can only be fired "for cause" by SEC
Public Company
SEC can only be fired "for cause" by President
Accounting Oversight
Court finds this unconstitutional, but upholds its
Board (2010)
regulations
Adjusted so SEC can fire at will
Can FDA regulate tobacco advertising?
Food and Drug Food, Drug, and Cosmetic Act gives broad powers
Administration v. Brown & But subsequent statutes indicate "hands off" tobacco
Williamson Tobacco Court vacates regulations 504
Corporation (2000) 2009: new statute
2016: applies to e-cigs
Seila Law asked to send documents to CFPB
Seila refused, because CFPB's structure violates
Constitution's separation of powers
Seila Law LLC v. CFPB
CFPB had one director, "for cause" firing
(pending 2020)
Court disagreed
Has been upheld before for multi-member boards
CFPB target of conservatives/Elizabeth Warren project
Educate government officials & public
Functions of Administrative Pass regulations
Agencies Enforce regulations
Provide services
Subject matter expertise
Public/consumer safety
Pros of Administrative
Efficient adjudication
Agencies
Prevent externalities/race to the bottom
Some provide services
