ch 20: administrative law

Question 1

practical significance

Answer 1

Legislatures make general laws, while administrative agencies create the detailed rules to enforce them (this is cuz they can handle the specifics)

Question 2

how does congress create an admin agency

Answer 2

it enables legislation

Question 3

what is the federal trade commision act FTC

Answer 3

prohibits unfair and deceptive trade practices and describes the procedures that the agency must follow

Question 4

FTA grants the FTC to

Answer 4

Create rules and regulations for the purpose of carrying out the act

Conduct investigations of business practicies

Obtain reports from interstate corporations concerning their business practices

Investigate possible violations of federal antitrust statutes

Publish findings of investigations

Hold trial like hearings

Question 5

delgation doctorine

Answer 5

constructed to allow congress to delegate some of its powers to make/implement laws to admin agencies

Question 6

Bureaucracy

Answer 6

org structure consisting of govt bureaus and agencies thru which the govt implements and enforces the law (sometimes referred to the 4th branch)

Question 7

exec controls on administrative agencies

Answer 7

can veto legislation passed by congress to modify an agencies powers

Question 8

legislative controls on admin agencies

Answer 8

congress gives powers to agency thru enabling legislation but can abolish this power and also has power to investigate their laws and agencies. Also the APA

Question 9

judical controls on admin agencies

Answer 9

-Courts check agency actions through reviews but before going to court u must follow all procedures and exhaust all other remedies (exhaustion doctrine)

Question 10

Exhaustion doctrine

Answer 10

principle that a complaining party normally must have exhausted all available administrative remedies before seeking judicial reviewhow much is it to print how much is black and white a

Question 11

what is apa

Answer 11

sets rules that admin agencies follow in performing

Question 12

under apa courts can reject an agencies decision if it is…

Answer 12

arbitrary and capricious

Question 13

Courts can decide if an agencies decision is arb or carp if it

Answer 13

Fails to provide rational explanation for decision

Changed its prior policy without justification

Considered legally inappropriate factors

Failed to consider a relevant factor

Rendered a decision plainly contrary to the evidence

Question 14

Fair notice

Answer 14

PA requires agencies to give notice to people affected by their regulations before making changes.

Agencies must provide fair notice of what conduct will be expected before applying new rules.

Question 15

fox tv example

Answer 15

the FCC changed its policy so that obscene language on a radio/tv violates regulations but they did not announce it and someone said the f word on a tv award show on foc, but since they did not give fair notice the fcc cannot sanction fox

Question 16

fed agencies 3 basic functions

Answer 16

rulemaking, enforcement,, and adjudication

Question 17

apa defines a rule as

Answer 17

an agency statement that applies generally/ specifically and meant to enforce/explain laws

Question 18

can regulations be legislative meaning they are binding

Answer 18

yes true

Question 19

APAs notice and comment rule making procedure

Answer 19

1-notice of proposed rulemaking
2-comment period
3-final rule

Question 20

Federal register-

Answer 20

daily publication of the executive branch that prints government orders, rules, and regulations

Question 21

hemp industries example

Answer 21

HIA sell products made from hemp stuff but the DEA publishes rules that ban the possession of HIAs products bc of the drugs but A court will likely overturn the DEA’s ban on hemp-based food products because the agency did not follow formal rulemaking procedures

Question 22

enforcement

Answer 22

Agencies can investigate and gather info thru on site inspections such as safety inspections

Normally businesses comply with inspections but some can reduce if they think its unreasonable, in this case an agency may resort to the use of a subpoena or search warrant