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Exam 2 ACC 340

QuestionAnswer
What are Executive agencies? Cabinet departments of the executive branch; they assist the president in carrying out executive functions. Led by one administrator to oversee the agency.
What are Independent Regulatory agencies? outside the the federal executive departments. Is usually run by a commission or board of several members
What are legislative (substantive) rules? Rules that are as legally binding as laws that Congress passes
What are Interpretive rules? Rules that simply declare policy and do not affect legal rights or obligations
What is the Administrative Procedure Act (APA)? Specific procedural requirements when fulfilling rule-making. In the absence of directives from Congress concerning a particular agency procedure, this act applies.
What is The Arbitrary and Capricious Test? A clear error of judgment; an action not based upon consideration of relevant factors and so is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law or if it was taken without observance of procedure required by law.
What are the requirements for an agency to fail The Arbitrary and Capricious Test? 1)Failed to provide a rational explanation for its decision 2)Change its prior policy without justification 3)Considered legally inappropriate factors 4)Entirely failed to consider a relevant factor 5)Rendered a decision contrary to the evidence
What is Judicial Deference? When asked to review agency decisions, courts grant this (significant weight) to the agency's judgement, citing the agency's expertise in the area of the regulation
What are the 2 questions that the courts use when reviewing agency interpretations of law? 1)Did Congress directly address the issue in dispute in the statute? If so, the statutory language prevails. 2)If statute is silent or ambiguous, is the agency's interpretation "reasonable"? If it is, a court should uphold the agency's interpretation
What is the Freedom of Information Act? Requires the federal gov't to disclose certain records to any person or entity on written request. This exempts certain types of records, such as those pertaining to national security and any confidential or private info.
What is ethical reasoning? the application of morals and ethics to a situation
What are Duty-Based Ethics? rooted in the idea that every person has certain duties to others, including both humans and the planet. These standards involve concepts of right and wrong, and duties owed and rights to be protected.
What are Outcome-Based Ethics? focuses on the impact of a decision on society or on key stakeholders. This type of ethics focuses on the consequences of an action, not on the nature of the action itself.
What is Utilitarianism? theory of approach to ethics that looks at the impacts of a decision in an attempt to maximize benefits and minimize harms. "The greatest good for the greater number"
What is a tort? a civil wrong (from person to person)
What are Intentional torts? torts that require intent
What are examples of Intentional torts? -Assault -Battery -False Imprisonment -Intentional Infliction of Emotional Distress -Defamation of Character -Invasion of Privacy
What are Business torts? torts against someone's contractual relationship or business relationship
What is Wrongful Interference with a Contractual Relationship? 1) A valid, enforceable contract must exist between two parties 2) A third party must know that this contract exists 3) This third party must intentionally induce a party in the contract to breach the contract
What is Wrongful Interference with a Business Relationship? Any predatory behavior, or actions undertaken with the intention of unlawfully driving competitors completely out of business
What are Intentional torts against Property? torts against property that are committed intentionally
What is Trespass to Land? Intentionally on someones property without permission 1)Enters onto/above/below the land of another 2)Causes anything to enter onto land owned by another 3)Remains on land owned by another
What are Unintentional torts? torts that are committed without intent
What is Negligence? occurs when someone suffers injury because of another's failure to live up to a required duty of care
What is a Superseding Cause? relieves the defendant of liability for injuries caused by the intervening event
What are the Defenses to Negligence? 1)Contributory Negligence-plaintiff who was also negligent could not recover anything from the defendant 2)Comparative Negligence-both plaintiff and defendant are negligent, liabilities are computed and distributed evenly
Created by: dsilva32