Legal and Admin - Saraniecki

Question 1

Define abate

Answer 1

to put an end to, demolish, do away with, nullify, to void

Question 2

Define arraignment

Answer 2

the appearance of the defendant before the court to answer the allegations made against him and to enter his plea

Question 3

Define discovery from a legal perspective

Answer 3

process of obtaining facts or documents from a party to an action which are in his exclusive knowledge or possession

Question 4

Define “In rem”

Answer 4

the power a court may exercise over property
jurisdiction in rem assumes the property or status is the primary object of the action rather than personal liabilities not necessarily associated with the property

Question 5

Define malfeasance

Answer 5

doing something a person should not do
official misconduct

Question 6

Define misfeasance

Answer 6

doing wrongfully and injuriously an act which might otherwise be done in a lawful manner

Question 7

Define nonfeasance

Answer 7

omitting to do something which should be done

Question 8

What is a temporary restraining order?

Answer 8

the first of several steps in which the government requests the imposition of immediate restraint of the defendants
temporary, usually 10 days and then defendent either consents to a Decree of Permanent Injunction or hearing may be held on the Preliminary Injunction

Question 9

What is constitutional law?

Answer 9

Constitutionally based - US and state

Question 10

What is Statutory law?

Answer 10

legislatively based
fed and state law and local ordinances - food, sewage, wells

Question 11

What is regulatory law?

Answer 11

administratively based
created by agencies to implement policies set by legislation

Question 12

What is common law?

Answer 12

judicially based
based on prior court decisions

Question 13

How do agencies carry out statutory mandates? (4)

Answer 13

administering programs
overseeing enforcement - inspections
making rules - develop regs that meet law requirements
adjudicating noncompliance - internal hearing, then agency official acting in capacity of judge

Question 14

What is the home rule for authority for public health law?

Answer 14

states authorize local government entities to exercise governmental authority on the local level either by direct delegation or local authority option

Question 15

What does due process mean?

Answer 15

5th amendment
includes that no person shall be denied equal protection of the law

Question 16

How does licensure affect constitutional guarantees?

Answer 16

Gives some up
allows government intrusion in the form of investigation and monitoring
loosens warrant requirements when conducting an inspection
licensees have relinquished much of the protection from 5th amendment

Question 17

What is the purpose of an inspection?

Answer 17

a visitation or survey to determine if conditions hazardous to health exist
not conducted with the particular aim of uncovering evidence for purposes of criminal prosecution

Question 18

How do the courts view threatening to take legal action in order to enter a facility?

Answer 18

it is seen as coercive in nature, and any consent following from there will not be considered voluntarily given

Question 19

What are entry protocols for inspections?

Answer 19

normall business hours
use main door
ask for person in charge
present credentials
describe your purpose
ask for permission
document

Question 20

What happens when an inspection permission is withdrawn

Answer 20

any note made, observations recorded, samples or photos collected remain validly collected as evidence

Question 21

What is a re-inspection?

Answer 21

No such thing under constitution, but there is in FDA food code
it is a search, not inspection
limited to only areas there to ensure compliance

Question 22

What authority have the courts given in case of IDLH (EHH) situations?

Answer 22

threatening a public calamity or presenting an imminent and controlling urgency, before which of necessity all private rights must give way

Question 23

What is an embargo?

Answer 23

tagged with a warning
all persons not to remove, sell, or otherwise dispose of the product until permission is granted by the agency or a court

Question 24

What is a seizure?

Answer 24

public health authority takes actual possession of the goods

Question 25

What is the destruction or return of property?

Answer 25

followed by a civil court proceeding to determine whether the goods should be destroyed or returned to the owner

Question 26

When an order has been ignored, the next step is to

Answer 26

hold an administrative hearing

Question 27

What is the doing of an authorized act in an unauthorized manner?
Provide an example

Answer 27

misfeasance
ex: closing down an establishment without first giving required statutory notice

Question 28

What is the scalar process?

Answer 28

the term given to organization wherein lines of authority and responsibility run upward and downward through several levels with a broad functional base at the bottom and a single executive head at the top

Question 29

What must be achieved in order to convict for failure to obey a violation order?

Answer 29

must be shown that statutory authority for issuance of the order exists
defendant had notice of such
defendant failed to heed the notice

Question 30

In legal terminology, the power of condemnation is also known as what?

Answer 30

eminent domain