A subbranch of the government set up by a legislature to carry out laws by wielding legislative, executive, and judicial power.
What is an administrative agency?
100
Rulemaking done with notice and comment procedure.
What is informal rulemaking?
100
A court's order to a person that he or she appears in court to testify in a case; also used by agencies to force appearance before the agency.
What is a subpoena?
100
The area of law that establishes rights, responsibilities, and duties.
What is substantive law?
100
The name of the doctrine that limits and sets requirements for a constitutionally valid transfer of power to an agency as established by the Supreme Court.
What is nondelegation doctrine?
200
The supreme, absolute and uncontrollable power by which an independent state is governed.
What is sovereignty?
200
When agencies and interested parties work together to draft a rule that is acceptable to everyone affected by the rule.
What is negotiated rulemaking?
200
Freedom from prosecution based on anything the witness says that is given by the government to a witness who is forced to testify.
What is immunity?
200
Legal principles created by a judge in the absence of statute; judge-made law.
What is common law.
200
A statute which creates and empowers an administrative agency.
What is an enabling act?
300
The power to investigate and carry out rules and regulations.
What is executive power?
300
A rule with some characteristics of both formal and informal rulemaking.
What is hybrid rulemaking?
300
The doctrine that officers or agency officials may seize and use an item as evidence when they see it lawfully, even absent a warrant.
What is the plain view doctrine?
300
The area of law that must be followed to secured or lose substantive rights; establishes basic procedural requirements.
What is procedural law?
300
The U.S. agency that enforces workplace safety standards.
What is OSHA?
400
Art I, Sec. 8 of the US Constitution that gives Congress the power to pass all laws appropriate to carry out its functions; also called the elastic clause.
What is the Necessary and Proper Clause?
400
Required when the enabling statute states a "hearing on the record" is required to create a rule.
What is formal rulemaking?
400
The power of an agency to carry out or enforce rules and regulations it issues.
What is executive power?
400
The federal law that describes how federal agencies must do business, and how disputes go from the federal agencies into courts; the federal law that forms the basis of our discussions to date.
What is the Administrative Procedures Act (APA)?
400
The USSC case in which the Court determined the delegation of authority from Congress to the president was too broad and therefore invalid; also known as the "sick chicken" case.
What is A.L.A. Schechter Poultry Co. v. United States?
500
The division of power into one federal government and the governments of 50 states.
What is federalism?
500
Rules that are not implemented by informal or formal methods.
What is exempted rules?
500
The principle that a search warrant is not usually required for search of an open area far from an occupied building.
What is the open fields doctrine?
500
The sources of administrative law (there are five).
What is the Constitution, statutes, common law, executive orders, and rules or regulations?
500
The principle that when Congress delegates power to an agency, the delegation includes enough guidelines and standards for the agency to exercise that power in a constitutional manner.