Business Law Today Comprehensive Study Set 1

Like statutory law,administrative law is created by legislatures.

Federal executive agencies are outside the federal executive departments.

Independent regulatory agencies include the cabinet departments of the executive branch.

State regulation,when not preempted,may cover many of the same activities as federal regulation.

By delegating some of its authority to make and implement laws,Congress violates the U.S.Constitution.

Federal administrative agencies can regulate beyond the powers granted by enabling legislation.

Administrative agencies cannot make legislative rules,or substantive rules,that are as legally binding as laws that the Congress passes.

Interpretive rules simply declare policy and do not affect legal rights or obligations.

A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.

Under the exhaustion doctrine,a party must feel "exhausted" about an administrative action or regulation to challenge it in court.

There is a precise definition of what makes an administrative rule arbitrary and capricious.

A party can challenge an administrative regulation as so irrational as to be arbitrary and capricious.

Rulemaking-the formulation of new administrative regulations-is a major function of Congress,not administrative agencies.

Unlike those who violate statutes,violators of agency rules are not punished.

Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.

Final administrative rules have binding legal effect unless the courts later overturn them.

The period for persons to comment on a proposed administrative rule must be at least thirty days.

Informal agency actions are exempt from the Administrative Procedure Act's requirements.

Only experts can submit comments on a proposed administrative rule.

An administrative agency can issue a guidance document to advise the public on the agency's legal and policy position.