DROIT ADMINISTRATIF Flashcards
(25 cards)
What is administrative law?
Administrative law is the body of law that governs the activities of administrative agencies of government.
True or False: Administrative law only applies to federal agencies.
False
What are the primary sources of administrative law?
The primary sources of administrative law include statutes, regulations, and case law.
Fill in the blank: The principle of ________ is essential in administrative law to prevent misuse of power by government agencies.
legality
What is the role of administrative agencies?
Administrative agencies create and enforce regulations, adjudicate disputes, and provide services.
Which of the following is NOT a source of administrative law? (A) Statutes (B) Common law (C) International treaties (D) Executive orders
C) International treaties
What is the purpose of administrative regulations?
Administrative regulations provide detailed rules and guidelines to implement statutes.
True or False: Administrative decisions can be challenged in court.
True
What is the concept of ‘judicial review’ in administrative law?
Judicial review is the process by which courts examine the actions of administrative agencies to ensure they comply with the law.
Fill in the blank: The ________ Act is a key piece of legislation that governs the procedures of administrative agencies in the U.S.
Administrative Procedure
What is the significance of the rule-making process in administrative law?
The rule-making process allows agencies to create regulations that have the force of law.
True or False: All administrative agencies have the same powers and functions.
False
What is an example of a regulatory agency?
The Environmental Protection Agency (EPA) is an example of a regulatory agency.
What does the term ‘due process’ mean in the context of administrative law?
Due process refers to the legal requirement that the state must respect all legal rights owed to a person.
Which of the following is a function of administrative agencies? (A) Legislation (B) Adjudication (C) Enforcement (D) All of the above
D) All of the above
What is the difference between formal and informal rule-making?
Formal rule-making requires a hearing and a more rigorous process, while informal rule-making does not.
Fill in the blank: The ________ is the primary federal agency responsible for public health.
Department of Health and Human Services
What is the purpose of the Administrative Law Judge (ALJ)?
The ALJ conducts hearings and makes decisions on disputes involving administrative agencies.
True or False: Administrative law is a branch of public law.
True
What is the ‘Chevron deference’ principle?
Chevron deference is a legal doctrine that compels courts to defer to administrative agency interpretations of statutes they administer.
Which document often provides the framework for the organization of an administrative agency?
The agency’s enabling statute
What are ‘substantive’ and ‘procedural’ rules?
Substantive rules create new rights or duties, while procedural rules govern the processes of agency operations.
Fill in the blank: ________ law is the body of law that regulates the relationships between individuals and the government.
Administrative
What is the significance of the Freedom of Information Act (FOIA)?
FOIA provides the public the right to request access to records from any federal agency.
