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LEGL 2700 Roessing Exam 4 Questions And Answers
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LEGL 2700 Roessing Exam 4 Questions And Answers Administrative Law Judge The individual employed by an administrative agency who is in charge of hearing the initial presentations in a quasi-judicial case Immunity Status of exemption from lawsuits or other legal obligations Administrative Law...

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  • October 19, 2024
  • 20
  • 2024/2025
  • Exam (elaborations)
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LEGL 2700 Roessing Exam 4 Questions And
Answers

Administrative Law Judge The individual employed by an administrative agency who is

in charge of hearing the initial presentations in a quasi-judicial case




Immunity Status of exemption from lawsuits or other legal obligations




Administrative Law The legal principles involved in the workings of administrative

agencies within the regulatory process




Exhaustion of Remedies 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 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) Businesses

challenge audit oversight board

, LEGL 2700 Roessing Exam 4 Questions And
Answers
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




Food and Drug Administration v. Brown & Williamson Tobacco Corporation (2000) 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) 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

, LEGL 2700 Roessing Exam 4 Questions And
Answers
Has been upheld before for multi-member boards

CFPB target of conservatives/Elizabeth Warren project




Functions of Administrative Agencies Educate government officials & public


Pass regulations

Enforce regulations

Provide services




Pros of Administrative Agencies Subject matter expertise


Public/consumer safety

Efficient adjudication

Prevent externalities/race to the bottom

Some provide services




Cons of Administrative Agencies Use tax money


Impose compliance costs

Unelected

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