Terms to know Flashcards
Administrative Law
Body of law that regulates the operation and procedures of gov agencies
Adjudicate
To hear or to try to determine judicially
Agency
Gov organization set up for a specific purpose such as the management of resources, financial oversight of industries, or national security issues
Amendment
Change in existing law, bill or regulation made by modifying it, adding to it or deleting part of it
Arbitrary and Capricious
Decision not based on substantial evidence
Drug Diversion
Medical and legal concept involving the transfer of any legally prescribed controlled substance from the individual for whom it was prescribed to another person for any illicit use
Due process of law
5th amendment of US constitution says that to the federal gov that no one shall be “deprived of life, liberty or property without due process of law”
legal req that the gov must respect all legal rights that are owed to a person
Et seq
Abbreviation for et sequential, meaning “and the following”
Jurisdiction
The authority of a court to hear and decide a case
Liability
Being legal responsible for an act or omission
Malpractice
Provision of substandard care or services by professional (Negligence)
May
When used in statutes, generally means not mandatory (vs shall)
Memorandum of Understanding
Document describing the general principles of an agreement between parties but does not count to a substantive contract
Mitigate
Deduce, abate, or diminish
Negligence
failure to use the care a reasonably prudent person would have used under similar circumstances
Power of attorney
document giving 1 person legal authority to act on behalf of another
Precedent
Legal principle or rule formed by one or more appellate court that serves as authority in similar later cases
Promulgate
to proclaim or declare something officially; to publicize that a law or regulation is in effect
Public Notice and Comment Period
In admin law, rule-making is the process that executive and independent agencies use.
Depending on complexity of the rule, comment periods may last 30 - 180 days, granted by the authorizing legislation where the agency properly followed the process of public notice and comment
Regulation
A rule having the force of law issued by an administrative agency
Sanction
A punishment or penalty
Shall
When used in a statute, it means that something must be done or somebody must do something
Standard of practice
Written or unwritten rules followed by professionals in the course of performing their work or duties
