Do the Administrative law Quiz (the American style) concerning the question of licensing. Then check your answers.

 

I. LICENSE LAW AND QUALIFICATIONS FOR LICENSURE

1. In Florida, all professions (including the real estate profession) should be regulated when each of the following conditions are present, except when:

A. The unregulated practice can harm the public, the potential harm is recognizable, and the danger of the unregulated practice outweighs any anticompetitive impact.

B. The public is not adequately protected by other local, state or federal laws.

C. Lawmakers believe that regulation will decrease consumer complaints.

D. Less restrictive means of regulation are not available.

2. A person who has been issued a broker license, but operates as a salesperson in the employ of a broker or owner-developer is known as:

A. Broker;

B. Salesperson;

C. Broker-Salesperson;

D. Office Manager;

 

3. Joan has been a licensed salesperson for 6 months in her home state, which has mutual recognition with Florida. After she moves to Florida, she desires to obtain a Florida Salesperson license by submitting an application and taking a 40-question law exam. Which of the following best describes her situation:

A. Joan will receive a Florida license if her application is approved and she passes the law exam.

B. Joan cannot receive a salesperson license, but may obtain a Broker's license if she passes the Broker's exam.

C. Joan will not receive the Salesperson license under mutual recognition procedure because she did not work under a Broker for at least one year

D. Joan will not receive the Salesperson license under mutual recognition because she is now a Florida resident.

4. Kathy, an unlicensed person, helps her neighbor Cindy sells Cindy's house by showing the house to potential Buyers. As a way of saying thank you, Cindy gives Kathy a gift certificate to Kathy's favorite restaurant. Which of the following best describes this situation?

A. This is a legal arrangement since Kathy helped without the expectation of payment.

B. Kathy may not legally accept the gift certificate.

C. Kathy may accept the gift certificate if she was the procuring cause of the sale.

D. Kathy may accept the gift certificate since it is not considered to be compensation.

5. What is the passing score for the state license exam?

A. 65%

B. 70%

C. 75%

D. 80%

6. In order to qualify for licensure, an applicant must

A. Be a high school graduate of equivalent (GED)

B. Be at least 18 years of age

C. Possess good character and reputation

D. All of the above

7. After passing the state license exam, when may an applicant begin working as a salesperson?

A. Immediately upon passing the exam

B. Upon submitting the proper form to the Division of Real Estate designating their employer

C. 5 days after passing the exam

D. Upon receiving their actual license in the mail

8. Jim is applying for a Florida salesperson license. On his application, he has disclosed that he pled nolo contendere to credit card fraud in Georgia last year. Jim's application will probably...

A. Be denied

B. Take longer to process

C. Be approved

D. Be returned to him with a request for more information

1c, 2c, 3d, 4b, 5c, 6d, 7b, 8a

The key

 

 

Unit 4 Administrative Proceedings Section 1 Administrative Justice

I. Warming up

1. Answer the following questions:

 

1) What is the task of administrative judiciary?

What powers does it have?

2)

3) Do you agree with the saying by H. L. Mencken (1880 - 1956), U.S. journalist, critic, and editor: “A judge is a law student who marks his own examination papers”? Why (not)?

 

2. Match the following English words and expressions with their Ukrainian equivalents:

 

 

1 1	forfeiture of licenses	a	Розрізняти
2 2	to be vested with	b	Законність
3 3	validity	c	мати право
4 4	contested cases	d	позбавлення ліцензії
5 5	to issue	e	спірні справи
6 6	to distinguish	f	Підлягати
7 7	incur	j	Видавати

 

How are the letters in bold pronounced in the following words? Choose the correct variant.

au thority [ә] [au]

r a ther [æ] [a]

d ea l [iә] [i:]

s ou ght [ә:] [әu]

v io lations [iә] [aiә]

Read the text paying special attention to the most important definitions.

TEXT 1

Administrative Justice

Administrative Justice, or, more commonly, administrative adjudication, is the exercise by an administrative agency of judicial powers delegated to the agency by a legislative body.

Agencies typically possess both legislative and judicial powers in their area of authority. The legislative power gives the agency the authority to issue regulations, and the judicial power gives the agency the authority to adjudicate contested cases within its area of jurisdiction.

Administrative courts are not ordinarily engaged in determining the rights and duties of individuals as against other individuals. Rather, they typically deal with individuals in relation to government in terms of benefits sought or disabilities incurred from government action. It is this function that chiefly distinguishes administrative tribunals from civil courts. In contrast to the criminal courts, administrative tribunals are typically empowered to assess various penalties, such as forfeiture of licenses for the violation of a statutory or administrative regulation. Some administrative agencies, however, are not vested with adjudicative powers and must proceed through the regular courts for civil or criminal punishment of violations.

Another fundamental difference between administrative tribunals and courts is the nature of subject matter jurisdiction. The subject matter of an agency's administrative regulation and adjudication is normally a single economic activity, a set of closely related economic activities, or specific benefits conferred by government. The concern of the National Labor Relations Board with labor relations is an example of the first; the jurisdiction of the Federal Communications Commission over radio, television, and telephone exemplifies the second; and adjudication of the validity of benefit claims by such agencies as the Veterans Administration represent the third. In contrast, the subject matter jurisdiction of courts embraces a broad spectrum of civil and criminal law.

 

II. COMPREHENSION