Terms to know

Question 1

Administrative Law

Answer 1

Body of law that regulates the operation and procedures of gov agencies

Question 2

Adjudicate

Answer 2

To hear or to try to determine judicially

Question 3

Agency

Answer 3

Gov organization set up for a specific purpose such as the management of resources, financial oversight of industries, or national security issues

Question 4

Amendment

Answer 4

Change in existing law, bill or regulation made by modifying it, adding to it or deleting part of it

Question 5

Arbitrary and Capricious

Answer 5

Decision not based on substantial evidence

Question 6

Drug Diversion

Answer 6

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

Question 7

Due process of law

Answer 7

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

Question 8

Et seq

Answer 8

Abbreviation for et sequential, meaning “and the following”

Question 9

Jurisdiction

Answer 9

The authority of a court to hear and decide a case

Question 10

Liability

Answer 10

Being legal responsible for an act or omission

Question 11

Malpractice

Answer 11

Provision of substandard care or services by professional (Negligence)

Question 12

May

Answer 12

When used in statutes, generally means not mandatory (vs shall)

Question 13

Memorandum of Understanding

Answer 13

Document describing the general principles of an agreement between parties but does not count to a substantive contract

Question 14

Mitigate

Answer 14

Deduce, abate, or diminish

Question 15

Negligence

Answer 15

failure to use the care a reasonably prudent person would have used under similar circumstances

Question 16

Power of attorney

Answer 16

document giving 1 person legal authority to act on behalf of another

Question 17

Precedent

Answer 17

Legal principle or rule formed by one or more appellate court that serves as authority in similar later cases

Question 18

Promulgate

Answer 18

to proclaim or declare something officially; to publicize that a law or regulation is in effect

Question 19

Public Notice and Comment Period

Answer 19

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

Question 20

Regulation

Answer 20

A rule having the force of law issued by an administrative agency

Question 21

Sanction

Answer 21

A punishment or penalty

Question 22

Shall

Answer 22

When used in a statute, it means that something must be done or somebody must do something

Question 23

Standard of practice

Answer 23

Written or unwritten rules followed by professionals in the course of performing their work or duties