✓ A concept used in administrative law that requires any party to an
administrative proceeding to give the administrative agency every
opportunity to resolve the dispute before appealing to the court
system
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'
Free Enterprise Fund v. Public Company Accounting Oversight Board (2010)
✓ Businesses challenge audit oversight board
✓ Board members had "double tenure" protections
✓ Can only be fired "for cause" by SEC
✓ SEC can only be fired "for cause" by President
✓ Court finds this unconstitutional, but upholds its regulations
✓ Adjusted so SEC can fire at will
Food and Drug Administration v. Brown & Williamson Tobacco Corporation
(2000)
Master01 | October, 2024/2025 | Latest update
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