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12 Cards in this Set
- Front
- Back
Agencies
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Created to deal with problems and details that legislators don't want to deal with
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3 Advantages of agencies
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1. Saves court time
2. Saves legislators time 3. Brings expertise that legistlators might not have |
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Enabling act
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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
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Types of agencies
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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) |
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Potential problems with agencies
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Bias- makes rules, enforces rules and adjudication; there is no check/balances system; Agency could have too much power
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Subpoena
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document saying you are required to appear and talk in cout
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subpoena duces tecum
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order to company to seize documents or physical evidence
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Searh warrants
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1. Needed when something specific is sought and company will not comply
2. Not needed in highly regulated industry like coal mines |
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Exhaustion of administrative remedies
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After the entire agency appeal process has been gone through a federal or state course will finally hear the case
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judicial review
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term for cout of law to review what an agency did
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Freedom of Information Act
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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
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Government-in-the-Sunshine Act
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"open-meetings" alw. Prevents government bodies from meeting in secret
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