NFPA Paralegal Core Competency Exam (PCCE)Substantive LawMedium
A paralegal is researching a case involving a dispute between a state environmental agency and a private corporation over pollution discharge limits. The corporation argues that the state agency's regulations are overly burdensome and exceed its statutory authority. Which body of law primarily governs the actions and limitations of the state environmental agency in this scenario?
- AAdministrative Law
- BConstitutional Law
- CContract Law
- DCriminal Law
Show answer & explanationAnswer & explanation
Correct answer: A. Administrative Law
Administrative law governs the powers, duties, and procedures of administrative agencies. Disputes over an agency's regulatory authority and the validity of its regulations fall squarely within this domain.
Why the other options are wrong
- B. While constitutional law provides the ultimate framework for government power, administrative law is the specific body that details the agencies' day-to-day operations and limits.
- C. Contract law governs agreements between parties, not the internal operations or regulatory powers of a government agency.
- D. Criminal law deals with offenses against the state and society, not the regulatory authority of an agency.
Administrative Law
The body of law that governs the activities of administrative agencies of government. Government agencies are granted power by Congress (or state legislatures) to create and enforce regulations.
- Deals with the powers and procedures of government agencies.
- Involves rulemaking, adjudication, and enforcement actions.
- Agencies derive authority from enabling statutes.
- Judicial review is available to challenge agency actions.
Memory trick: Ad agencies make 'admin' rules for everyone.