LEGL 2700 Roessing Exam 4 With Questions And 100% CORRECT ANSWERS
Terms in this set (90)
An organization, usually a part of the executive branch of government, that is created to serve
Administrative Agency a specific purpose as authorized by the legislative branch
Function is usually characterized as quasi-legislative or quasi-judicial
Quasi-legislative Describes the rule-making functions of administrative agencies
Administrative actions involving factual determinations and the discretionary application of
Quasi-judicial
rules and regulations
The sanction that may be issued by an administrative agency to prevent a party from violating
Cease and Desist Order
the law
Any court or regulatory order to which the opposing party agrees: a contract of the parties
Consent Order
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-
General Counsel judicial hearings in administrative agencies
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, The individual employed by an administrative agency who is in charge of hearing the initial
Administrative Law Judge
presentations in a quasi-judicial case
Immunity Status of exemption from lawsuits or other legal obligations
The legal principles involved in the workings of administrative agencies within the regulatory
Administrative Law
process
A concept used in administrative law that requires any party to an administrative proceeding to
Exhaustion of Remedies give the 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
Primary Jurisdiction or whether 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. Public Company Can only be fired "for cause" by SEC
Accounting Oversight Board (2010) SEC can only be fired "for cause" by President
Court finds this unconstitutional, but upholds its regulations
Adjusted so SEC can fire at will
Can FDA regulate tobacco advertising?
Food, Drug, and Cosmetic Act gives broad powers
Food and Drug Administration v. Brown & But subsequent statutes indicate "hands off" tobacco
Williamson Tobacco Corporation (2000) Court vacates regulations 504
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
CFPB had one director, "for cause" firing
Seila Law LLC v. CFPB (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 Agencies Pass regulations
Enforce regulations
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