Kuczenski’s MIE 305 Exam 2 Vocabulary
Administration Law
(Ch. 5) - answer the body of law created by administrative agencies in order to carry out
their duties and responsibilities
Administration Agency
(Ch. 5) - answer A federal or state government agency established to perform a specific
function
Enabling Legislation
(Ch. 5) - answer A statute enacted by Congress that authorizes the creation of an
administrative agency and specifies the name, composition, and powers of the agency
being created
Legislative Rule
(Ch. 5) - answer An administrative agency rule that carries the same weight as a
congressionally enacted statute
Interpretive Rule
(Ch. 5) - answerAn administrative agency rule that explains how the agency interprets
and intends to apply the statutes it enforces
Delegation Doctrine
(Ch. 5) - answerA doctrine based on the U.S. Constitution, which as been construed to
allow Congress to delegate some of its power to administrative agencies to make and
implement laws
Bureaucracy
(Ch. 5) - answerThe organizational structure, consisting of government bureaus and
agencies, through which the government implements and enforces the laws
Administrative Process
(Ch. 5) - answerThe procedure used by administrative agencies in the administration
law
Rulemaking
(Ch. 5) - answerThe actions of administrative agencies when formally adopting new
regulations or amending old ones
Notice-and-Comment Rulemaking
, (Ch. 5) - answerA procedure in agency rulemaking that requires notice, opportunity for
comment, and a published draft of the final rule
Adjudication
(Ch. 5) - answerA proceeding in which an administrative law judge hears and decides
issues that arise when an administrative agency charges a person or a firm with an
agency violation
Administrative Law Judge (ALJ)
(Ch. 5) - answerOne who presides over an administrative agency hearing and has the
power to administer oaths, take testimony, rule on questions of evidence, and make
determinations of fact
Initial Order
(Ch. 5) - answerAn agency's decision in a matter other than rulemaking. An
administrative law judge's initial order becomes final unless it is appealed
Final Order
(Ch. 5) - answerThe final decision of an administrative agency on an issue
Tort
(Ch. 6) - answerA wrongful act (other than a breach of contract) that results in harm or
injury to another and leads to civil liability
Damages
(Ch. 6) - answerA monetary award sought as a remedy for a breach of contract or a
tortious action
Compensatory Damages
(Ch. 6) - answerA monetary award equivalent to the actual value of injuries or damages
sustained by the aggrieved party
Punitive Damages
(Ch. 6) - answerMonetary damages that may be awarded to a plaintiff to punish the
defendant and deter similar conduct in the future
Defense
(Ch. 6) - answerA reason offered and alleged by a defendant in an action or lawsuit as
to why the plaintiff should not recover or establish what she or he seeks
Intentional Tort
(Ch. 6) - answerA wrongful act knowingly committed
Tortfeasor
(Ch. 6) - answerOne who commits a tort
Administration Law
(Ch. 5) - answer the body of law created by administrative agencies in order to carry out
their duties and responsibilities
Administration Agency
(Ch. 5) - answer A federal or state government agency established to perform a specific
function
Enabling Legislation
(Ch. 5) - answer A statute enacted by Congress that authorizes the creation of an
administrative agency and specifies the name, composition, and powers of the agency
being created
Legislative Rule
(Ch. 5) - answer An administrative agency rule that carries the same weight as a
congressionally enacted statute
Interpretive Rule
(Ch. 5) - answerAn administrative agency rule that explains how the agency interprets
and intends to apply the statutes it enforces
Delegation Doctrine
(Ch. 5) - answerA doctrine based on the U.S. Constitution, which as been construed to
allow Congress to delegate some of its power to administrative agencies to make and
implement laws
Bureaucracy
(Ch. 5) - answerThe organizational structure, consisting of government bureaus and
agencies, through which the government implements and enforces the laws
Administrative Process
(Ch. 5) - answerThe procedure used by administrative agencies in the administration
law
Rulemaking
(Ch. 5) - answerThe actions of administrative agencies when formally adopting new
regulations or amending old ones
Notice-and-Comment Rulemaking
, (Ch. 5) - answerA procedure in agency rulemaking that requires notice, opportunity for
comment, and a published draft of the final rule
Adjudication
(Ch. 5) - answerA proceeding in which an administrative law judge hears and decides
issues that arise when an administrative agency charges a person or a firm with an
agency violation
Administrative Law Judge (ALJ)
(Ch. 5) - answerOne who presides over an administrative agency hearing and has the
power to administer oaths, take testimony, rule on questions of evidence, and make
determinations of fact
Initial Order
(Ch. 5) - answerAn agency's decision in a matter other than rulemaking. An
administrative law judge's initial order becomes final unless it is appealed
Final Order
(Ch. 5) - answerThe final decision of an administrative agency on an issue
Tort
(Ch. 6) - answerA wrongful act (other than a breach of contract) that results in harm or
injury to another and leads to civil liability
Damages
(Ch. 6) - answerA monetary award sought as a remedy for a breach of contract or a
tortious action
Compensatory Damages
(Ch. 6) - answerA monetary award equivalent to the actual value of injuries or damages
sustained by the aggrieved party
Punitive Damages
(Ch. 6) - answerMonetary damages that may be awarded to a plaintiff to punish the
defendant and deter similar conduct in the future
Defense
(Ch. 6) - answerA reason offered and alleged by a defendant in an action or lawsuit as
to why the plaintiff should not recover or establish what she or he seeks
Intentional Tort
(Ch. 6) - answerA wrongful act knowingly committed
Tortfeasor
(Ch. 6) - answerOne who commits a tort
