Legal and Regulatory Frameworks Flashcards
7 cards from real RCC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal and Regulatory Frameworks flashcards as text
Under the Administrative Procedure Act (APA), which type of rulemaking requires agencies to publish a notice of proposed rulemaking (NPRM) and allow public comment?
Answer: Informal (notice-and-comment) rulemaking
Informal rulemaking under APA Section 553 requires an NPRM and public comment period before a final rule is issued.
Which legal doctrine holds that courts should defer to a federal agency's reasonable interpretation of an ambiguous statute it administers?
Answer: Chevron deference
Chevron deference (from Chevron U.S.A. v. NRDC, 1984) directs courts to defer to agencies' reasonable statutory interpretations.
A company discovers that a product defect may violate federal safety regulations. Under strict liability tort principles, which factor is LEAST relevant to establishing liability?
Answer: The manufacturer intended to cause harm
Strict liability does not require proof of intent or negligence — only that the product was defective and caused harm.
Which federal law establishes the framework for protecting individually identifiable health information held by covered entities?
Answer: HIPAA
HIPAA's Privacy Rule and Security Rule govern the protection of protected health information (PHI) by covered entities and business associates.
When a state law directly conflicts with a valid federal law on the same subject, which constitutional principle determines that federal law controls?
Answer: The Supremacy Clause
The Supremacy Clause (Article VI) establishes that the Constitution and federal laws are the supreme law of the land, preempting conflicting state laws.
Which enforcement mechanism allows the SEC to seek disgorgement of ill-gotten gains from securities law violators in addition to civil penalties?
Answer: Civil enforcement actions in federal court
The SEC can file civil enforcement actions in federal court to seek disgorgement, injunctions, and civil monetary penalties.
Under the Clean Air Act, which category of pollutants requires the EPA to set National Ambient Air Quality Standards (NAAQS)?
Answer: Criteria pollutants
NAAQS are set for six criteria pollutants (including ozone, PM2.5, CO, NO2, SO2, and lead) to protect public health and welfare.