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B Law Test 2
Term | Definition |
---|---|
USDA | Responsible for regulating meat, poultry, and other food products. Can initiate Legal proceedings against violators |
FDCA | Provides the basis for the regulation of much of the testing, manufacture, distribution and sale of foods, drugs, cosmetics, and medicinal products |
FDA | Administers and Enforces the fdca |
FDCA Prohibits | shipment, distribution or sale of adulterated food, false and misleading labeling of food products |
NLEA | Nutrition Labeling and Education Act. A federal statute that requires food manufacturers to disclose on food labels nutritional information about the food. Full disclosure of information about serving sizes and nutrients |
Drug Amendment FDCA | Empowers the FDA to license new drugs. Manufacturers must provide adequate warnings and directions for use. May revoke approval of previously approved drugs. No misbranded/adulterated drugs. |
FDA cosmetic requirements | Proper labelings, disclosure of ingredients, display of carcinogenic warnings if applicable. Adulterated or misbranded cosmetics prohibited. FDA may remove from commerce cosmetics that contain unsubstantiated claims |
Medicinal Device Amendment | gives the fda authority to regulate medicinal devices. Mislabeling of medicinal devices is prohibited. |
CSPA | Consumer product Safety Act- a federal statute that regulates potentially dangerous consumer products. Created the CPSC |
CPSC | Consumer product safety commission- an independent federal administrative agency empowered to adopt rules and regulations to interpret and enforce the CPSA. |
Product and Auto Safety | conduct research on the safety of consumer products, collect data regarding injuries caused by consumer products, issue product safety standards on consumer products |
Health Care Reform Act (Obamacare) | A 2010 federal statue intending to increase the number of those insured and provide protections for insured persons from abusive practices of insurance companies |
FTC Act | Federal Trade Commission Act- prohibits unfair and deceptive practices including: false and deceptive advertising, bait and switch |
False and Deceptive Advertising | Contains misinformation or omits important information that is likely to mislead a "reasonable consumer", makes an unsubstantiated claim |
Bait and Switch | Seller Advertises low-cost merchandise to attract customers. Then seller pressures buyers to upgrade by: refusing to show advertised merchandise, discourages employees from selling advertised merchandise, fails to have adequate quantities of merch. |
Door to Door Sales | Many states permit consumes to rescind contracts made with d2d sales reps within a set period after signing the contract. FTC Requires salesperson to permit cancellation |
Do-not-call registry | created by federal law on which consumers can place their names and free themselves from unsolicited commercial phone calls |
Fair Credit Reporting Act | Enforced by the FTC and Regulates information businesses report about your credit history |
Credit Card Act of 2009 | Limits interest rate hikes, "universal default", restricts credit for those under 21, more notice on term changes |
Administrative Law | Law that governments enact to regulate industries, businesses, and professionals |
Administrative agencies | agencies that governments create to enforce regulatory statutes |
State administrative agencies | Created by legislative branches of states. Administers state regulatory laws |
Local administrative agencies | Created by cities, municipalities, and countries. Administers local regulatory law |
Administrative Law | combonation of substantive and procedural law |
Substantive Law | The Law that is enforced by and admin agency |
Procedural Administrative Law | establishes the procedures that must be followed by an administrative agency while enforcing substantive laws |
Administrative Law Judge | Employee of an admin agency who presides over an administrative hearing and decides question of law and fact |
Order | Decision issued by an admin law judge |
administrative procedure act (APA) | a federal statute that establishes procedures to be followed by federal administrative agencies while conducting their affairs |
Delegation Doctrine | A Doctrine that says when an admin agency is enacted it is delegated certain powers AND agency can use only the legislative judicial and executive powers that are delegated to it |
Unreasonable Search and Seizure | Any search and seizure by the government that violates the fourth amendment to the us constitution. Evidence from these is inadmissable in court |
Freedom of information | Allows public access to documents in the possession of fed admin agencies. Exempt from disclose if theY: are classified int he interest of national security or interfere with proceedings |
EPA | Environmental Protection Agency- created to coordinate implementation and enforcement of federal environmental laws: broad rule-making powers, adjudicative powers |
National Environmental Policy Act | mandates that federal government must consider the adverse impact a federal government action would have on the environment before the action is implemented |
Environmental impact statement | document must be propared for any legislation or federal action that affects the quality of the human environment |
EIS Must | Describe affected environment, describe impact of project, identify and discuss alternatives, list resources to be committed, contain cost-benefit analysis |
Clean Air Act | enacted in 1963 to assist states in dealing with air pollution |
Clean Air Act Amendments | Provides comprehensive regulation of air quality in this country |
Comprehensive Environmental Response, Compensation and Liability Act (superfund) | a federal statute that authorizes the fed govt to deal with hazardous wastes |
Workers Compensation Acts | compensation paid to workers and their families when workers are injured in connection with their jobs. Workers file a claim, agency determines legitimacy, compensation benefits paid accordingly |
Workers comp in states | purchase workers compensation insurance or self insure by making payments, if they have the ability |
Employment related inujury | Injury arises out of and in the course of employment. Covers: physical injuries, stress and mental illness that are employment related |
Exclusive Remedy (workers comp) | Workers comp is an exclusive remedy, workers cannot sure their employers in court for damages except when employer intentionally injures an employee, can sue third parties to recover damage |
Occupational Safety and Health Act | OSHA. promotes safety in the workplace imposes record-keeping and reporting requirements on employers |
Specific Duty Standards (OSHA Standards) | Developed and apply to specific equipment, procedures, type of work, individual industry, unique work conditions, and the like |
General Duty Standards (OSHA) | Imposes on an employer a duty to provide a work environment that is free from recognized hazards |
Fair Labor Standards Act (FLSA) | Prohibits child labor, establishes minimum wage, establishes overtime pay |
Contested Election | type of election contested by the employer |
Consent election | not contested by the mployer |
Decertification election | employees may wish to dissolve union |
Compulsory subjects (collective bargaining) | Wage, hours, and other terms and conditions of employment |
Permissive Subjects | Not compulsory or Illegal |
Illegal subjects | cannot be negotiated or agreed upon |
Closed Shop | Employer agrees to hire only employees who are already members of a union |
Union Shop | Employers may hire anyone whether he belongs to a union or not but the employee must join the union within a certain time period |
Agency Shop | employer may hire anyone wheter she belongs to a union or not, but the meployee must pay an agency fee to the union |
Strikes | Collective bargaining agreement cannot be reached, mandatory 60 day "cooling off period" |
Crossover Workers | employees who chose not to strike or return to work after joining the strike |
Replacement Workers | hired on temporary or permanent basis to take place of the striking employees |
Civil Rights Act 1964 | Outlawed employment discriminated against protected classes: race, color, religion, sex, and national origin |
Title VII | Employers with 15+ employees, all employment agencies, labor unions with 15+ members, state and local govts and agencies, federal government employment |
Disparate Treatment Discrimination | discrimination against 1 individual |
Disparate Impact Discrimination | Employer discriminates against an entire protected class |
Remedies for violation of Title VII | Back pay and reasonable attorneys fees, equitable relief, including reinstatement and seniority, punitive damages for intentional discrimination |