HW Objectives:\u200b1) Assesses retention of significant legal principles and concepts of Administrative\u00a0Law\u200b\u200b2)\u00a0Introduces Students to basic research and knowledge of\u00a0select NJ statutes
\u200b\u200b3)\u00a0Provides opportunities to\u00a0read and summarize\u00a0NJ\u00a0case law regarding \u201carbitrary and\u00a0
capricious\u201d standard of review.
\u00a0
\u00a0
Section I. \u00a0Short Answer. (Max.\u00a020 Points)
This Section consists of ten (10) questions\u00a0based largely on the assigned reading in the\u00a0eText\u00a0and requires a correct response for each. \u00a0Students may earn two (2) points for each correct response for a maximum of twenty (20) points for this Section.
1.\u00a0A legislature may create an administrative agency and delegate its authority to regulate\u00a0particular industries\u00a0or areas of the law to an agency with greater experience or expertise through the passage of a statute known as an _______________ Act.2.\u00a0In the event that\u00a0a regulation is not lawfully authorized by an enabling statute, anyone affected by the regulation may successfully challenge that regulation on the basis that the agency ________________.3.\u00a0The primary purpose of the _______________ Act is to subject administrative agency action to public scrutiny.4.\u00a0Administrative agencies are typically given great deference and broad _____________ in making their decisions on whether to regulate certain issues and in how they interpret their own regulations.5.\u00a0When an administrative agency proposes a regulation, federal law requires\u00a0the publication of the proposed administrative regulation in the _________________________. \u00a0This publication constitutes constructive notice to the public of the proposed regulation and allows for public comment on the proposed regulation by interested businesses and parties.6.\u00a0Administrative agencies are required to honor the constitutional rights of individuals and\u00a0businesses\u00a0but lesser protection is afforded to business records since the records custodian of a business or corporation is not entitled to invoke the privilege against self-incrimination for records required by law to be maintained. \u00a07.\u00a0Administrative agency actions are presumed to be ______________________ and, as a result,\u00a0a person or business seeking the reversal of an agency action has the burden of proving a valid ground for reversal of the agency\u2019s action.8.\u00a0Because of the requirement of ___________________________, a party aggrieved by an agency enforcement action may not appeal the agency\u2019s decision to the Courts unless the agency issues a \u201cfinal decision\u201d\u00a0on the matter.9.\u00a0In the case of\u00a0Hornbeck\u00a0Offshore Services, LLC\u00a0v. Salazar, summarized in your\u00a0eText, the Plaintiffs successfully challenged the agency\u2019s 6-month moratorium on proposed drilling in the Gulf of Mexico on the grounds that the agency action was _________________________. \u00a010.\u00a0In the case of\u00a0F.C.C. v. Fox Television Stations, in your\u00a0eText,\u00a0Fox and ABC\u00a0successfully asserted a First Amendment challenge to the FCC fines imposed for allegedly obscene programming\u00a0because the obscenity standards used by the agency were ________________________. \u00a0\u00a0
Section II. \u00a0Short Answer. \u00a0(Max. 15 Points)
This Section consists of three\u00a0questions, each worth\u00a0fivepoints. \u00a0Maximum points for this Section equal\u00a0fifteen\u00a0(15) points. \u00a0
A.\u00a0Administrative agencies are generally required by the Due Process Clause to hold an administrative hearing when it decides to enforce its regulations against an individual\u00a0or a business entity. \u00a0However, agency enforcement hearings are typically less formal than a judicial or court hearing and there are significant differences between a judicial proceeding and a quasi-judicial hearing. \u00a0Identify three differences between the two types of hearings. \u00a0B.\u00a0Explain what an \u201carbitrary and capricious\u201d administrative action is and its relevance to\u00a0administrative law in general.C.\u00a0Identify three types of \u201cDue Process\u201d defenses that may be considered and asserted by an individual or a business in response to an adverse enforcement action of a regulatory agency. \u00a0\u00a0
Section III. \u00a0Practical Skills Section. \u00a0(Max. 15 Points)
This Section consists of\u00a0four short answer\u00a0questions. \u00a0Questions A and B introduce the\u00a0Student\u00a0to\u00a0a basic method of finding a state statute through\u00a0WestLaw. \u00a0Questions C and D require the demonstration of the practical skills of finding and reading a\u00a0NJ Supreme Court opinion. \u00a0Maximum points for this Section equal\u00a0fifteen (15). \u00a0
A.\u00a0Using Westlaw Campus Research,\u00a0click on \u201cStatutes and Court Rules,\u201d\u00a0search the New Jersey Statutes and find the state\u2019s \u201cAdministrative Procedures Act\u201d by typing its title into the search bar. \u00a0The Statute may be found under Title 52, Chapter _______. \u00a0(2 Points)\u00a0
B.\u00a0Using Westlaw Campus Research,\u00a0click on \u201cStatutes and Court Rules,\u201d\u00a0search the New Jersey Statutes and find the state\u2019s\u00a0\u201cOpen Public Meetings Act\u201d by typing its title into the search bar. \u00a0The Statute may be found under Title ______, Chapter _______. \u00a0(4 Points)\u00a0
C.\u00a0Find\u00a0and review\u00a0the case of\u00a0Tarus\u00a0v. Borough of\u00a0Pine Hill, 189 N.J.\u00a0497 (2007) and summarize\u00a0and explain the\u00a0findings of the New Jersey Supreme Court on the following question:\u00a0Did the Council violate the Plaintiff\u2019s right to videotape a municipal council meeting when it ordered him to stop and had him arrested for refusing to do so?\u00a0\u00a0\u00a0(5 Points)\u00a0
D.\u00a0In the\u00a0Tarus\u00a0case, explain whether\u00a0the Council\u2019s actions\u00a0towards the\u00a0Plaintiff\u00a0were\u00a0\u201carbitrary, capricious and unreasonable?\u201d\u00a0(4 Points)\u00a0
Section IV. \u00a0Optional Extra Credit (8 Points)
Find and review the case of\u00a0In\u00a0re\u00a0Reallocation of Probation Officer, 441 N.J. Super. 434\u00a0(App. Div. 2015) and summarize the finding of the Appellate Division in that case in one or two paragraphs. \u00a0Be sure to explain the \u201carbitrary and capricious\u201d standard used by the Court to assess the agency\u2019s action. \u00a0 \u00a0 <\/p>\n","protected":false},"excerpt":{"rendered":"
HW Objectives:\u200b1) Assesses retention of significant legal principles and concepts of Administrative\u00a0Law\u200b\u200b2)\u00a0Introduces Students to basic research and knowledge of\u00a0select NJ statutes \u200b\u200b3)\u00a0Provides opportunities to\u00a0read and summarize\u00a0NJ\u00a0case law regarding \u201carbitrary and\u00a0 capricious\u201d standard of review. \u00a0 \u00a0 Section I. \u00a0Short Answer. (Max.\u00a020 Points) This Section consists of ten (10) questions\u00a0based largely on the assigned reading in […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[10],"class_list":["post-11147","post","type-post","status-publish","format-standard","hentry","category-research-paper-writing","tag-writing"],"_links":{"self":[{"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/posts\/11147","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/comments?post=11147"}],"version-history":[{"count":0,"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/posts\/11147\/revisions"}],"wp:attachment":[{"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/media?parent=11147"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/categories?post=11147"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/tags?post=11147"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}