100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
LEGL Roessing Test 4 (chp 14, 15, 20, COVID-19) Questions And Answers $11.99   Add to cart
Quickly navigate to
Preview
  2.  
  3. UGA LEGL 2700
  4.  
  5. UGA LEGL 2700

Exam (elaborations)

LEGL Roessing Test 4 (chp 14, 15, 20, COVID-19) Questions And Answers
 0 view  0 purchase
  • Course
  • UGA LEGL 2700
  • Institution
  • UGA LEGL 2700

LEGL Roessing Test 4 (chp 14, 15, 20, COVID-19) Questions And Answers General counsel An individual who is responsible for coordinating all law-related issues, such as the quasi-judicial hearings in administrative agencies. This term is also used to describe the principal lawyer of a company...

[Show more]

Preview 4 out of 35  pages

Document information

  • October 19, 2024
  • 35
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

Subjects

Written for

  • UGA LEGL 2700
  • UGA LEGL 2700

Seller

avatar-seller
UpperClass

Reviews received

Content preview

LEGL Roessing Test 4 (chp 14, 15, 20,
COVID-19) Questions And Answers

General counsel An individual who is responsible for coordinating all law-related issues,

such as the quasi-judicial hearings in administrative agencies. This term is also used to describe

the principal lawyer of a company.




Immunity status of exemption from lawsuits or other legal obligations




Primary jurisdiction 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'




Quasi-judicial administrative actions involving factual determinations and the

discretionary application of rules and regulations




Quasi-legislative this term describes the rule-making functions of administrative agencies




rule making, adjudicating, advising, investigating Administrative agencies tend to possess

functions of the other branches of govt including

, LEGL Roessing Test 4 (chp 14, 15, 20,
COVID-19) Questions And Answers

Free Enterprise Fund v. Public Company Accounting Oversight Board Key Points


- the president not only has the constitutional power to appoint individuals to help execute laws,

but must necessarily, then, have the power to remove individuals from their positions

- individuals appointed to office must have accountability to the president. the PCAOB protected

Board members from removal except when a good cause standard was met, but those officers

who make the good cause determination were not in control of the president. the Court

characterizes this as a "novel structure"

- the Court ruled the process of removal created by the Sarbanes-Oxley Act for the PCAOB

unconstitutional

- the entire Sarbanes-Oxley Acy was not deemed unconstitutional; rather, the Court "severed" the

unconstitutional PCOAB process and allowed the rest of the law to remain in force




It must be definite and limited Delegation of quasi-legislative authority to administrative

agencies is subject to two constitutional limitations




Food and Drug Administration v. Brown & Williamson Tobacco Corporation major

worldwide tobacco company; FDA crack down on its ads with doctors. cited authority under

Food Drug and Cosmetic Act. argued that it doesnt cover advertising. supreme court agreed that

it was illegal legislation (later congress passed law to regulate ads and e-cigs)

, LEGL Roessing Test 4 (chp 14, 15, 20,
COVID-19) Questions And Answers

- although a core objective of the FDCA is to ensure that products regulated by the FDA are safe

for their intended use, Congress has est policies for balancing the economic and health

implications of tobacco products with more specific legislative enactments

- this is a relatively rare case in which the Court cannot give deference to an administrative

agency's interpretation of the law it is responsible for administering. the Court noted that tobacco

has a "unique political history"

- an administrative agency's ability to enforce laws through the executive branch must derive its

authority from Congress. In this case, Congress has chosen to control tobacco products

separately from other similar products within the FDA's purview




exhaustion of remedies, primary jurisdiction Two doctrines guide courts in the judicial

review of agency adjudications




educate govt officials and public, pass regulations, enforce regulations, provide services

Functions of regulatory agencies




some under direct control of Pres ("executive")


others indirect control ("independent") who controls regulatory agencies?

, LEGL Roessing Test 4 (chp 14, 15, 20,
COVID-19) Questions And Answers

subject matter expertise, public / consumer safety, efficient adjudication (maybe), prevent

externalities / race to the bottom, some provide services What are the pros of regulatory

agencies




use tax money (may be inefficient), impose compliance costs, unelected, distort free market,

adjudication - must exhaust remedies What are the cons of regulatory agencies




red tape complex bureaucratic rules and procedures that must be followed to get

something done




Consumer Product Safety Commission Public Watchdog or "Nanny State"?


-responding to complaints

-independent testing

-recall info




Lawn darts pointed, metal lawn darts may cause serious injury or fatal death

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller UpperClass. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $11.99. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

82871 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$11.99
  • (0)
  Add to cart