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12 Cards in this Set

  • Front
  • Back
Created to deal with problems and details that legislators don't want to deal with
3 Advantages of agencies
1. Saves court time
2. Saves legislators time
3. Brings expertise that legistlators might not have
Enabling act
Statutes enacted by Congress that authorize the creation of an agency and specify the name, composition, purpose, functions and powers of the agency being created
Types of agencies
1. Executive- cabinet department or sub agency of such a department (Department of Labor, Defence, Commerce (FTC))

2. Independent regulatory agency- not part of governments executive branch (FCC, EPA, SEC)
Potential problems with agencies
Bias- makes rules, enforces rules and adjudication; there is no check/balances system; Agency could have too much power
document saying you are required to appear and talk in cout
subpoena duces tecum
order to company to seize documents or physical evidence
Searh warrants
1. Needed when something specific is sought and company will not comply
2. Not needed in highly regulated industry like coal mines
Exhaustion of administrative remedies
After the entire agency appeal process has been gone through a federal or state course will finally hear the case
judicial review
term for cout of law to review what an agency did
Freedom of Information Act
Way to get information about ourselves from the government. Request must be submitted in writting. We are entitled to know what hte government knows about us
Government-in-the-Sunshine Act
"open-meetings" alw. Prevents government bodies from meeting in secret