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

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

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  • UGA LEGL 2700
  • UGA LEGL 2700

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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

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