Exam (elaborations)
MIE 305 Exam 2 (5-8) (1)
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MIE 305 Exam 2 (5-8) (1)
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MIE 305 Exam 2 (5-8)adjudication - ANS-administrative law judge hears and decides issues that arise when an
administrative agency charges a person/firm with agency violation
administrative agency - ANS-federal or state govt agency established to perform a certain
function
administrative law - ANS-body of law created by administrative agencies in order to carry out
their duties and responsibilities
administrative law judge - ANS-presides over administrative agency hearings; has the power to
administer oaths, take testimony, make determinants of fact, rule on questions of evidence
administrative process - ANS-procedure used by administrative agencies in the administration of
law
bureaucracy - ANS-organizational structure, govt bureaus and agencies, through which the govt
implements and enforces the laws
delegation doctrine - ANS-based on the US Constitution; allows congress to delegate some of
its powers to administrative agencies to make and implement laws
enabling legislation - ANS-statute enacted by congress that authorizes the creation of an
administrative agency; specifies its name, composition and powers
final order - ANS-final decision of an administrative agency on an issue
initial order - ANS-agency's decision in a matter other than rule making, an ALJ's initial order
becomes final unless it is appealed
interpretive rule - ANS-administrative agency rule that explains how the agency interprets and
intends to apply the statute it enforces.
legislative rule - ANS-admin agency rule that carries the same weight as a congressional statute
notice and comment rule making - ANS-procedure in agency rule making, requires notice,
opportunity for comment and published draft of final rule
rule making - ANS-actions of admin agencies when formally adopting new legislations and
modifying old ones
, actionable - ANS-capable of serving as the basis of a lawsuit
actual malice - ANS-deliberate intent to cause harm that exists when a person makes a
statement with knowledge of its falsity or reckless disregard of the truth; required to establish
defamation against public figures
appropriation - ANS-the use by one person of another person's name/likeness or other
identifying characteristic without permission for benefit
assault - ANS-any word or action intended to make another person fearful of immediate physical
harm- reasonably believed threat
assumption of risk - ANS-defense to negligence. plaintiff can not recover for injuries/damages
suffered from risks he knows of and voluntarily assumed
battery - ANS-unexcused, harmful or offensive physical contact with another that is intentionally
performed
business invitee - ANS-a person invited on business premises by owner ex. client or customer
business tort - ANS-wrongful interference with another's business rights and relationships
causation in fact - ANS-an act or omission without which an event would not have occurred
comparative negligence - ANS-many states; rule in tort law, reduces the plaintiff's recovery in
proportion to the plaintiff's degree of fault (instead of barring recovery completely)
compensatory damages - ANS-monetary award equal to the actual value of injuries or damage
sustained
contributory negligence - ANS-rule in tort law; completely bars plaintiff from receiving damages if
they are at fault at al; few states
conversion - ANS-wrongfully taking or retaining possession of an individual's personal property
and placing it into service of another
damages - ANS-monetary award sought as remedy for breach of contract or totuous action
defamation - ANS-anything published or publicly spoken that causes injury to another's good
name, reputation or character
defense - ANS-reason offered by defendant as to why plaintiff should not recover
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