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More Paralegal Review > Administrative Law > Flashcards

Administrative Law Flashcards

1
Q

The federal government’s ability to create______agencies is implied in the _______________

A

administrative Constitution

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2
Q

There are more than __________federal Administrative agencies

A

100

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3
Q

Administrative agencies have become so important they are often referred to as _________

A

fourth branch of government

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4
Q

Administrative Procedures Act Established 3 things

A

Notice and hearing requirements.
Rules for conducting agency adjudicative actions
Procedures for rule making.

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5
Q

Administrative agencies have power under ________branches of government

A

All three

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6
Q

Many agencies have the authority to issue ___________rules.

A

substantive

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7
Q

Rules made by these agencies have the _________________

A

force of law

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8
Q

___________ often require the issuance of a government license before a person can enter into certain industries or professions

A

statutes

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9
Q

Name three industries or professions that require licenses

A

banks, airlines, physicians, lawyers

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10
Q

Rules issued by administrative agencies are an example of __________

A

Legislative Powers

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11
Q

Licenses issued by administrative agencies is an example of ______________

A

Licensing Powers

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12
Q

Subpoena and physical inspections of business are an example of __________

A

Executive Powers

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13
Q

procedural due process and substantive due process are examples of _____________

A

Judicial Powers

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14
Q

Procedural due process

A

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

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15
Q

Substantive due process

A

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

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16
Q

ALJ

A

Administrative Law Judges

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17
Q

ALJ’s preside over ____________and decide questions ______________

A

administrative proceedings

law and fact

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18
Q

Is there a jury in administrative proceedings

A

No

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19
Q

How are ALJ decisions issued

A

In the form of an order that states the reason for the decision

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20
Q

Name 3 things needed for Judicial Review of Agency Actions

A

Case must be ripe
Administrative exhaustion
Final Order Rule

21
Q

Final Order Rule

A

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

22
Q

FOIA

A

Freedom of Information Act

23
Q

What does FOIA do

A

Requires federal agencies t publish agency procedures, rules, regs and interpretations in the federal register

24
Q

Government in the Sunshine Act

A

Opens certain federal agency meetings to the public.

25
Q

Equal Access to Justice Act

A

protects persons from harassment by federal administrative agencies

26
Q

Do-Not-Call Registry

A

Joint project of FCC and FTC

27
Q

Department of Homeland Security

A

Created by Homeland Security Act of 2002 and is second largest government agency

28
Q

FDA

A

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

29
Q

What four products does the FDA oversee

A

Food, Drugs, Cosmetics and Medicinal

30
Q

Does the FDA test drugs

A

No

31
Q

Food laws are supposed to

A

ensure wholesomeness
Encourage accuracy in labels and packaging
Prevent injury

32
Q

Safe Contaminant level for Golden raisians

A

35 fly eggs per 8oz

33
Q

Safe Contaminant levels for popcorn

A

2 rodent hairs per lb.

34
Q

Safe Contaminant levels for peanuts

A

20 insects per 100lbs.

35
Q

Safe Contaminant levels for canned mushrooms

A

20 maggots per 3oz

36
Q

Safe Contaminant levels for tomato juice

A

10 fly eggs per 3oz

37
Q

EEOC

A

Equal Employment Opportunity Commission

38
Q

What does EEOC do

A

Responsible for enforcing federal employment discrimination laws.

39
Q

Consumer Product Safety CommissionIn

A

Interprets and enforces CPSA

40
Q

What can CPSC do

A 
tests consumer products
collects data on injuries
require recalls
seize hazardous materials
seek criminal and civil penalties
41
Q

Federal Trade Commission

A

Enforces FTCA to prohibit unfair and deceptive trade practices

42
Q

National Labor Relations Board

A

regulates labor union formation, elections, bargaining and other labor matters

43
Q

FCC

A

Regulates radio, tv, cable and other broadcast media

44
Q

SEC

A

regulates issuance, sale and purchase of securities

45
Q

EPA

A

enforces federal environmental protection laws

46
Q

Name 3 Federal Environmental protection laws

A

Clean Air Act
Clean Water Act
Endangered Species Act

47
Q

Administrative Regulations

A

developed from the enabling statutes

48
Q

CFR

A

Code of Federal Regulations

More Paralegal Review (18 decks)

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