Ch 15 Class notes Flashcards

0
Q

The federal government only has power designated by what?

A

The Constitution

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1
Q

Commerce clause gives Congress the ability to…

A

Control commerce between states and foreign countries

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2
Q

Positive commerce clause

A

Federal government has exclusive authority to regulate
Commerce

and anything that substantially affects commerce among
Several states

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3
Q

Dormant Commerce clause

A

States don’t have power to regulate, burden or discriminate

Against interstate commerce

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4
Q

State police powers vs. burden on interstate commerce

A

State has right to pass laws in response to public health,

Safety, morals and general welfare

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5
Q

Rule making

A

Legislative

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6
Q

Investigation and enforcement

A

Executive

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7
Q

Adjudication

A

Judicial

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8
Q

OSHA

A

Administrative agency regulates work places in industries
For worker safety

Bureaucratic organization

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9
Q

Consent decree

A

Allows government and respondent to settle any time

during the adjudication process

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10
Q

Exhaustion of administrative remedies

A

Goes to court if administrative agency can’t solve dispute

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11
Q

4 factors that cause judicial review

A

1 reviewable issue
2 standing
3 exhaustion of administrative remedies
4 actual case or controversy

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12
Q

Sunset laws

A

Agency terminates automatically at end of fixed term

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13
Q

Congressional review act

A

Congress can freeze a new regulation for 60 days and

Overrule it by joint resolution

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14
Q

Gun free school zones act passed by congress. Example

A

Student who carried gun on school grounds had charges dismissed because they were unconstitutional

A school ground is not interstate commerce

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15
Q

A state law required out of state beer distributors to attest that the prices charged in start are no higher than prices in bordering states. Issue: is this a violation of the commerce clause?

A

Yes violates interstate commerce clause

16
Q

How many employees must a business have before federal law applies to it?

A

15 or more employees

17
Q

In employment law which law prevails, federal or state?

A

Whichever law is more strict prevails

18
Q

How do you look up how a state or local law applies?

A

Go to regulators’ websites