Administrative Law
Chapter 3 -
Part 2
Student Practice
JARGON BEE
1. discretion
2. ALJ
3. expert
4. review
5. past practice
6. administrator
7. complaint
8. APA
9. precedent
future decisions
10. claim
11. writ of certiori
or lower court
12. appeal
13. law
14. criteria
15. petition
16. standard
17. determination
18. norm
19. enabling act
20. FCC
21. proceedings
22. hearing officer
23. rule
24. FTC
25. appeal council
26. bias
27. board
28. statute
29. administrative agency
30. professional conduct
(Scroll down for answers.)
JARGON BEE ANSWERS
1. discretion power to make choices
2. ALJ administrative law judge
3. expert qualified person in field
4. review examination
5. past practice culmination of similar decisions
6. administrator head of agency
7. complaint petition for relief
8. APA Administrative Procedure Act
9. precedent decision that becomes legal foundation for
future decisions
10. claim assertion of a right
11. writ of certiori appeals court request of certified record of agency
or lower court
12. appeal written request for review
13. law statute
14. criteria requirements
15. petition written request
16. standard guideline for acceptable practice
17. determination decision
18. norm typical standard or mean
19. enabling act statute creating agency
20. FCC Federal Communications Commission
21. proceedings agency processes
22. hearing officer agency official
23. rule regulation
24. FTC Federal Trade Commission
25. appeal council agency review board
26. bias partiality or prejudice
27. board agency executive members
28. statute a written law
29. administrative agency government body created by legislature
30. professional conduct responsible behavior
KEY TERMS
ALJ
Appeal
Appeal council
Bias
Board
Criteria
Discretion
Expert
Past practice
Precedent
cases
Review
(Scroll down for answers.)
KEY TERMS ANSWERS
ALJ administrative law judge (a hearing officer)
Appeal written request for review
Appeal council agency board that reviews decisions
Bias partiality or prejudice
Board agency executive members
Criteria requirements
Discretion right to make reasonable choices
Expert qualified person in a field
Past practice culmination of similar decisions
Precedent decision that became legal foundation for future
cases
Review examination
Statements
Chapter 3/Section A. Discretion is the power to make a choice between different actions. (P. 70-71)
Agency discretion is necessary because the laws of Congress and
legislatures are not detailed and not specific enough to apply to every
situation. (P. 70)
Processing claims and choices are informal agency actions. (P. 71-72)
Section B.
The dangers of agency discretion are:
too much agency discretion – agency becomes dictatorial.
too little agency discretion – agency becomes ineffective. (P. 71-72)
Section B.1./Figure 3.4
An agency uses discretion in informal actions when it decides its response by considering options, making decisions, and answering complaints. (P. 74)
Section B.2.
Formal actions include hearings. (P.76)
Section C.
Past Practice is the repeating of agency decisions in similar situations.
(P. 77)
Section C.1./Figure 3.5
The Internal Revenue Service uses discretion in agency decisions. (P. 79)
Section D.1
Each agency develops its own standards. (P.84)
Section E.
There is an appeal process for the abuse of agency discretionary power. (P.86)
4. Discuss the reasons that decisions are made by discretion and not written rules.
Flexibility, adaptability to times and changes, speedier process
Web Resources
www.whitehouse.gov Access to federal government web pages
www.fcc.gov Federal Communications Commission
www.ssa.com Social Security Administration