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Chp. 23 & 24 MGMT

MGMT Exam 2

QuestionAnswer
The Practical Significance of Administrative Law Congress or state legislature usually adopts a general statute and leaves its implementation the details to an administrative agency Benefits to society, environment, etc., result from administrative law, but there are great costs to businesses
Agency Creation and Powers Enabling Legislation – is passed to create an administrative agency. It specifies the name, purposes, functions, and powers of the agency.
Types of Agencies Federal Executive Agencies Independent Regulatory Agencies
Federal Executive Agencies These agencies are formed to help the President carrying out executive functions. They include the cabinet departments of the executive branch.
Independent Regulatory Agencies These agencies are outside the major executive departments.
Agencies have executive, legislative, and judicial powers
Checks and balances for agencies Executive – appointment of officers and veto power Legislative – enabling legislation allows Congress to abolish an agency and to defund Judicial – court review of agency actions but this is subject to the Exhaustion Doctrine
Exhaustion Doctrine states once a product is sold by a patent owner, the patent owner can't sue the purchaser for having an authorized copy of the patented product The patent owner's exclusive rights of the patented product have been exhausted once a sale has been made
Administrative Procedure Act (APA) of 1946 This is the general statute which details the procedural requirements of all federal agencies. Congress can change the procedural requirements for an agency in its enabling statute. But in the absence of the specific directive from Congress -> APA
The Arbitrary and Capricious Test Failed to provide a rational explanation for its decision. Changed its prior policy without justification. Considered legally inappropriate factors. Entirely failed to consider a relevant factor. Rendered a decision plainly contrary to the evidence.
The Administrative Process Agency Enforcement Inspections Subpoenas Subpoena ad testificandum Subpoena duces tecum Limits
Judicial Deference to Agency Decisions Courts give deference to the agency decisions on factual questions and Chevron deference to questions of law.
Deceptive Advertising when a reasonable consumer would be misled by the advertising claim
Bait-and-Switch Advertising advertising a very low price for a particular item that will likely be unavailable to the consumer, who will then be encouraged to purchase a more expensive item
Labeling and Packaging Laws Labels must be accurate and use words that are easily understood by the ordinary consumer. Sometimes, labels must specify the raw materials used, like cotton, nylon, etc. Sometimes, a warning label is required.
Food Labeling Fair Packaging and Labeling Act requires product label identify: Product Net quantity Serving size (if number of servings are stated) Manufacturer Package or distributor
Nutrition Labeling and Education Act of requires standard nutrition facts and regulates the use of terms such as “fresh” and “low fat.”
FOP labeling front-of-package labeling One of the key policy tools to regulate such products to prevent them from unbalancing diets
The Fair Debt Collection Practices Act applies to collection agencies not all creditors
There are 5 things a collection agency can NOT do: (1-3) 1.Contact the debtor’s place of employment after the debtor objects 2. Contact the debtor at inconvenient or unusual times 3. Contact third parties a. Exception for the debtor’s parents, spouse, and financial advisor
There are 5 things a collection agency can NOT do: (4-5) 4. Harass or intimidate the debtor (abusive language) or make false or misleading statements (posing as police officer) 5. Communicate with the debtor after receiving notice that the debtor will not pay, except to advise of next steps.
Created by: bella_grace11
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