LEGL 2700 ROESSING FINAL EXAM CURRENTLY
TESTING VERSIONS OF THE EXAM WITH
QUESTIONS AND CORRECT DETAILED
ANSWERS/EXPERT VERIFIED FOR GUARANTEED
PASS!/LATEST UPDATE
Administrative Agency - .....ANSWER ...✔✔ An
organization, usually a part of the executive branch of
government, that is created to serve a specific purpose
as authorized by the legislative branch
Function is usually characterized as quasi-legislative or
quasi-judicial
Quasi-legislative - .....ANSWER ...✔✔ Describes the
rule-making functions of administrative agencies
Quasi-judicial - .....ANSWER ...✔✔ Administrative
actions involving factual determinations and the
discretionary application of rules and regulations
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Cease and Desist Order - .....ANSWER ...✔✔ The
sanction that may be issued by an administrative agency
to prevent a party from violating the law
Consent Order - .....ANSWER ...✔✔ Any court or
regulatory order to which the opposing party agrees: a
contract of the parties entered upon the record with the
approval and sanction of a court
General Counsel - .....ANSWER ...✔✔ An individual
who is responsible for coordinating all law-related
issues, such as the quasi-judicial hearings in
administrative agencies
Also used to describe the principal lawyer of a company
Administrative Law Judge - .....ANSWER ...✔✔ The
individual employed by an administrative agency who is
in charge of hearing the initial presentations in a quasi-
judicial case
Immunity - .....ANSWER ...✔✔ Status of exemption
from lawsuits or other legal obligations
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Administrative Law - .....ANSWER ...✔✔ The legal
principles involved in the workings of administrative
agencies within the regulatory process
Exhaustion of Remedies - .....ANSWER ...✔✔ A
concept used in administrative law that requires any
party to an administrative proceeding to give the
administrative agency every opportunity to resolve the
dispute before appealing to the court system
Primary Jurisdiction - .....ANSWER ...✔✔ A doctrine
used by reviewing courts to determine whether a case is
properly before the courts or whether it should be heard
by an administrative agency first since such an agency
might have expertise superior to the courts'
Free Enterprise Fund v. Public Company Accounting
Oversight Board (2010) - .....ANSWER ...✔✔
Businesses challenge audit oversight board
Board members had "double tenure" protections
Can only be fired "for cause" by SEC
SEC can only be fired "for cause" by President
Court finds this unconstitutional, but upholds its
regulations
Adjusted so SEC can fire at will
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Food and Drug Administration v. Brown & Williamson
Tobacco Corporation (2000) - .....ANSWER ...✔✔
Can FDA regulate tobacco advertising?
Food, Drug, and Cosmetic Act gives broad powers
But subsequent statutes indicate "hands off" tobacco
Court vacates regulations 504
2009: new statute
2016: applies to e-cigs
Seila Law LLC v. CFPB (pending 2020) - .....ANSWER
...✔✔ Seila Law asked to send documents to CFPB
Seila refused, because CFPB's structure violates
Constitution's separation of powers
CFPB had one director, "for cause" firing
Court disagreed
Has been upheld before for multi-member boards
CFPB target of conservatives/Elizabeth Warren project
Functions of Administrative Agencies - .....ANSWER
...✔✔ Educate government officials & public
Pass regulations
Enforce regulations