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Paralegal 2 > Administrative Law > Flashcards

Administrative Law Flashcards

(72 cards)

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1
Q

Administrative agencies have become so important that they’re often called the

A

fourth branch of the government.

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2
Q

The federal government’s ability to create administrative agencies is

A

implied in the Constitution.

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3
Q

There are more than ________ federal administrative agencies.

A

100

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4
Q

___________________ established notice and hearing requirements; established rules for conduction agency adjudicative actions, and established procedures for rule making.

A

Administrative Procedures Act

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5
Q

Many agencies have the authority to issue substantive rules. The have ___________ powers.

A

legistlative

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6
Q

These legislative rules have the ____________________ and the people/entities covered by the agency must abide by the administrative rules and regulations.

A

force of law

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7
Q

Safe level for golden raisins

A

35 fly eggs/8oz

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8
Q

safe contaminant level for popcorn

A

2 rodent hairs per lb

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9
Q

safe contaminant level for peanuts

A

20 insects per 100lbs

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10
Q

safe contaminant level for can of mushrooms

A

20 maggots/3 oz

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11
Q

safe contaminant level for tomato juice

A

10 fly eggs/3 oz

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12
Q

35 fly eggs/8 oz

A

safe contaminant level for golden raisins

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13
Q

2 rodent hairs per lb

A

safe contaminant level for popcorn

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14
Q

20 insects per 100lbs

A

safe contaminant level for peanuts

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15
Q

20 maggots 3/ oz

A

safe contaminant level for can of mushrooms

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16
Q

10 fly eggs/3 oz

A

safe contaminant level for tomato juice

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17
Q

golden raisins safe contaminant level

A

35 fly eggs/8 oz

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18
Q

popcorn safe contaminant level

A

2 rodent hairs per lb

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19
Q

peanuts safe contaminant level

A

20 insects per 100 lbs

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20
Q

can mushrooms safe contaminant level

A

20 maggots /3 oz

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21
Q

tomato juice safe contaminant level

A

10 fly eggs/3 oz

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22
Q 
Safe contaminant levels:
Golden Raisins:
Popcorn:
Peanuts:
Can Mushrooms:
Tomato Juice:
A 
Golden Raisins: 35 fly eggs/8oz
Popcorn: 2 rodent hairs per lb
Peanuts:  20 insects per 100 lbs
Can mushrooms:  20 maggots/3 oz
Tomato juice:  10 fly eggs/3oz
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23
Q

Statutes often require the issuance of a ____________________ before a person can enter certain industries (like banks, tv stations, airlines) or professions (physicians, lawyers, CPAs).

A

government license

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24
Q

Most administrative agencies have the power to _____________________________ in regards to statutes that require the issuance of a government license before a person can enter a certain industry.

A

whether to grant licenses to applicants

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25
Name two executive powers of administrative agencies
administrative subpoena that directs the subject to disclose info. -Administrative searches - physical inspections of businesses.
26
Administrative subpoena | Administrative searches
2 executive powers of administrative agencies
27
ALJ
Administrative Law Judge
28
Judicial Powers
1. must provide procedural due process that gives respondents proper notice of allegations and a chance to present evidence 2. must provide substantive due process that clearly states the statute or rule that the respondent is charged with violating
29
2 Judicial Powers of administrative agencies
1. procedural due process | 2. substantive due process
30
What kind of judge presides over administrative proceedings and decides questions of law and fact concerning the case with no jury?
Administrative Law Judges
31
At an administrative proceeding with an ALJ, how many members of the jury are there?
0
32
ALJ decisions are issued in the form of an _________ that states the _______________.
- order | - reason for the decision
33
ALJ's decide ________________________ in administrative hearings.
questions of law and fact
34
Judicial Review of Agency Actions
1. Case must be ripe. 2. Administrative exhaustion 3. Final Order Rule - the decision of the agency must be final before judicial review is sought.
35
The decision of the agency must be final before judicial review is sought.
Final Order Rule
36
case is ripe =
currently in dispute
37
FOIA
Freedom of Information Act
38
_________________requires agencies to publish agency procedures, rules, regs, interpretations in the federal register.
Freedom of Information Act
39
Public disclosure of agency actions
publish agency procedures, rules, regs, interpretations in the federal register as required by the FOIA
40
Government in the Sunshine Act
opens certain federal agency meetings to the public
41
______________________ law opens certain federal agency meetings to the public.
Government in the Sunshine Act
42
Equal Access to Justice Act
protects persons from harassment by federal administrative agencies.
43
_____________________ law protects persons from harassment by federal administrative agencies.
Equal Access to Justice Act
44
A joint project of two agencies (FCC and FTC)
Do-Not-Call Registry
45
First largest governmental agency
Department of Defense
46
Second largest governmental agency
Department of Homeland Security
47
What law placed 22 existing federal agencies with nearly 200,000 employees under the second largest governmental agency named ______________.
- The Homeland Security Act of 2002 | - Department of Homeland Security
48
FDA
Food and Drug Administration
49
How many drugs did the FDA test last year?
0 The FDA does not test drugs.
50
What agency provides the basis for the regulation of testing, manufacturing, distribution, and sale of foods, drugs, cosmetics, and medicinal products.
Food and Drug Administration
51
Food laws are suppose to (3 things)
1. Ensure the wholesomeness of food; 2. Encourage accuracy in labeling and packaging; and 3. Prevent injury to health.
52
Golden raisins safe level
35 fly eggs/8 oz
53
Popcorn safe level
2 rodent hairs per lb
54
Peanuts safe level
20 insects per 100 lbs
55
can of mushrooms safe level
20 maggots/3 oz
56
tomato juice safe level
10 fly eggs/3 oz
57
_______________ is defined as substances & preparations for cleansing, altering the appearance of, and promoting the attractiveness of a person.
Regulation of cosmetics
58
____________________________- FDA can regulate medical devices like heart pacemakers, dialysis machines, defibrillators, surgical equipment, and other diagnostic, therapeutic, and health devices.
Regulation of medical devices
59
EEOC
Equal Employment Opportunity Commission
60
EEOC is responsible for ______________________________________.
enforcing federal employment discrimination laws.
61
What administrative agency is responsible for enforcing federal employment discrimination laws?
Equal Employment Opportunity Commission
62
Who interprets enforces CPSA: safety tests consumer products; collects data re injuries caused by products; can require recalls; can seize hazardous products; & seek civil & criminal penalties?
Consumer Product Safety Commission
63
CPSA
1. Community Partnership of Southern Arizona 2. Colored Pencil Society of America 3. Canadian Professional Sales Association 4. Consumer Product Safety Act Only remember 4.
64
___________________________-enforces the Federal Trade Commission Act to prohibit unfair and deceptive trade practices.
Federal Trade Commission (FTC)
65
What law prohibits unfair and deceptive trade practices?
Federal Trade Commission Act
66
Who regulates labor union formation, elections, bargaining with employees, and other labor matters?
National Labor Relations Board
67
Who regulates radio, television, cable, and other broadcast media?
Federal Communications Commission (FCC)
68
Who regulates the issuance, sale, and purchase of securities, including stocks and bonds?
Securities Exchange Commission (SEC)
69
Who is responsible for enforcing federal environmental protection laws?
Environmental Protection Agency
70
Name some environmental protection laws.
``` Clean Air Act Clean Water Act Toxic Substances Control Act Resource Conservation and Recovery Act Endangered Species Act ```
71
Administrative regulations are developed by
enabling statutes.
72
Code of Federal Regulations
CFR

Paralegal 2 (9 decks)

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