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Paralegal > Administrative Law > Flashcards

Administrative Law Flashcards

1
Q

Are there four branches in administrative law?

A

no there are three but they are reffered as 4

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2
Q

There are more tan……………. federal administrative agencies.

A

100

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3
Q

Federal administrative agencies have become so important that they’re often called the ……………of government

A

fourth branch

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4
Q

What is the Administrative Procedures Act?

A
  1. Established notice and hearing requirements;
  2. Established rules for conducting agency adjudicative actions, and
  3. Established procedures for rule making.
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5
Q

What powers does the fourth branch have?

Federal administrative agencies

A

Legislative Powers
Licensing Powers
Executive Powers
Judicial Powers

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6
Q

What are the legislative powers of the federal administrative agencies?

A

they have the authority to issue substantive rules.

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7
Q

……………………….have the force of law

A

Sustantive rules

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8
Q

Statutes often require……………………………before a person can enter certain industries (like banks, tv stations, airlines) or professions (physicians, lawyers, CPAs).

A

the issuance of a government license

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9
Q

Most administrative agencies have the power to determine whether to………………… to applicants.

A

grant licenses

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10
Q

……………………..are physical inspections of businesses.

A

Administrative searches

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11
Q

Judicial Powers provide……………………..and…………………..

A

procedural due process and

substantive due process

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12
Q

The……………….gives respondents proper notice of allegations and a chance to present evidence.

A

procedural due process

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13
Q

The ………………………….clearly states the statute or rule that the respondent is charged with violating

A

substantive due process

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14
Q

What does ALJ stands for?

A

Administrative Law Judges

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15
Q

…………………….preside over administrative proceedings and decide questions of law and fact concerning the case. There is no jury.

A

ALJs

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16
Q

………………….are issued in the form of an order that states the reason for the decision.

A

ALJ decisions

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17
Q

What is necesary before a judicial Review of Agency Actions?

A

Case must be ripe.
Administrative exhaustion.
Final Order Rule – the decision of the agency must be final before judicial review is sought.

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18
Q

FOIA stands for?

A

Freedom of Information Act

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19
Q

TORA stands for?

A

Texas Open Records Act

20
Q

………………….requires federal agencies to publish agency procedures, rules, regs, interpretations in the federal register.

A

FOIA

21
Q

What does the Government in the Sunshine Act do?

A

Opens certain federal agency meetings to the public.

22
Q

The………….protects persons from harassment by federal administrative agencies.

A

Equal Access to Justice Act

23
Q

Do-Not-Call Registry is a…………….

A

joint project of two agencies

24
Q

What are the two agencies in the Do-Not-Call Registry?

A

Federal Communications Commission (FCC) and

Federal Trade Commission.

25
Q

………………..is the second largest government agency (only Defense is larger).

A

Department of Homeland Security

26
Q

……………………….placed 22 existing federal agencies with nearly 200,000 employees under the DHS

A

The Homeland Security Act of 2002

27
Q

What does FDA stands for?

A

Food and Drug Administration

28
Q

……………………………..provides the basis for the regulation of testing, manufacturing, distribution, and sale of foods, drugs, cosmetics, and medicinal products.

A

Food and Drug Administration

29
Q

FDA laws are supposed to…………..

A

Ensure the wholesomeness of food;
Encourage accuracy in labeling and packaging; and
Prevent injury to health.

30
Q

“safe” contaminant levels for some foods:
Golden raisins ……………………–
Popcorn -…………………..
Peanuts - ………………………………
Can mushrooms-…………….
Tomato juice –………………..

A 
35 fly eggs/8 oz
2 rodent hairs per lb
20 insects per 100 lbs
20 maggots/3 oz
10 fly eggs/3  oz
31
Q

FDA can regulate medicinal devices like

A

heart pacemakers, dialysis machines, defibrillators, surgical equipment, and other diagnostic, therapeutic, and health devices.

32
Q

How many drugs did the FDA test last year?

A

none

33
Q

FDA does not test drugs, it relays on…………..

A

the drug manufacturs test

34
Q

……………….is Responsible for enforcing federal employment discrimination laws

A

Equal Employment Opportunity Commission

35
Q

What does the Consumer Product Safety Commission do?

A 
Interprets/enforces CPSA;
Safety tests consumer products;
Collects data re injuries caused by products; 
Can require recalls;
Can seize hazardous products; &
Seek civil & criminal penalties.
36
Q

………………………….enforces the Federal Trade Commission Act to prohibit unfair and deceptive trade practices.

A

Federal Trade Commission

37
Q

Who regulates labor union formation, elections, bargaining with employees, and other labor matters?

A

The National Labor Relations Board

38
Q

The …………………….Regulates radio, television, cable, and other broadcast media.

A

Federal Communications Commission

39
Q

The…………………regulates the issuance, sale, and purchase of securities, including stocks and bonds.

A

Securities Exchange Commission

40
Q

The…………………..is responsible for enforcing federal environmental protection laws

A

Environmental Protection Agency

41
Q

Mention some of the Acts for the Environmental Protection Agency

A

Clean Air Act,
Clean Water Act,
Toxic Substances Control Act,
Resource Conservation and Recovery Act, Endangered Species Act.

42
Q

CFR stands for?

A

Code of Federal Regulations

43
Q

EPA stands for?

A

Environmental Protection Agency

44
Q

………………………passes laws and………………..are created to regulate

A

Congress

agencies

45
Q

the decision of the agency must be final before judicial review is sought is a……………

A

Final Order Rule

Paralegal (25 decks)

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