Federal Agencies

Test Content

  1. Respond to the following questions in -depth using paragraph form. Paragraphs must be at least 5-7 sentences.
    1.     Dr. Webber joined the Gelder Medical Group, which was a medical partnership. Part of the agreement was that if for any reason his association with the group ended, he would not practice medicine for five years within 30 miles of the Village of Sidney, where the partnership was located. The agreement also provided that any member could be required to withdraw from the partnership upon a majority vote of the other members. Dr. Webbers work with the group turned out to be unsatisfactory to his partners, who felt he was an embarrassment to the group. Dr. Webber refused to withdraw from the association after he was terminated by the other physicians. Two months later, despite his earlier agreement, Dr. Webber opened a medical office in Sidney. The partnership brought suit to prevent him from carrying on his practice. Could they do this successfully?
    2.     Plaintiff Raymond Vadnais alleged that, in 1986, he visited [a physician] at Beth Israel Hospitals ear, nose, and throat clinic complaining of ear pain. After antibiotics failed to relieve the pain, [the physician] recommended surgery. However, after [the physician] learned that the plaintiff was infected with HIV, he refused to perform the operation. Should the physician be required to perform the operation?
    3.     Can federal agencies make their own rules and prosecute those who violate the rules?
    4.    A patient who has not paid a bill has come to the emergency room for medical treatment. While there, a medical assistant notices a large amount of money in her purse. The medical assistant tells the security guard. The guard stands at the patients room and refuses to let her leave until she pays some money toward her bill. Can the patient file charges against the hospital? If so, what will the proper complaint read?

Can federal agencies make their own rules and prosecute those who violate the rules?


The answer, in short, is yes. Federal agencies are bound by a great deal of oversight. However, there are also limits to be aware of when it comes to enforcing their own rules.

Federal agencies can make their own rules and prosecute those who violate the rules.

Federal agencies can make their own rules and prosecute those who violate the rules.

The Environmental Protection Agency (EPA) has authority to regulate carbon dioxide emissions, which are responsible for global warming and climate change. The Food and Drug Administration (FDA) regulates food safety, including whether or not certain food products are safe to eat. The Federal Aviation Administration (FAA) regulates air traffic safety at airports across the country, ensuring that aircrafts don’t collide with each other or objects on landing strips during takeoffs and landings; if there is an accident on an airport runway that results in injury or death of people on board an aircraft–or even if it causes damage–the FAA will investigate what happened so that future incidents won’t happen again. The Securities Exchange Commission (SEC), which oversees securities trading in America’s capital markets where companies raise money from investors through initial public offerings of stocks or bonds issued by corporations themselves rather than individuals like you might have done when starting your own company back in college!

Federal law enforcement agencies are bound by a great deal of oversight.

Federal law enforcement agencies are bound by a great deal of oversight.

Congress has the power to regulate and supervise federal agencies, including the FBI. The President also has authority over any agency that is not an independent executive branch entity (e.g., an independent regulatory commission). In addition, each state legislature may establish its own criminal laws as well as civil penalties for violations of those laws related to activities within its boundaries; so it’s no surprise that crimes committed by employees or agents working under state authority are subject to prosecution there too!

Federal laws also impose certain limits on the power of federal agencies to enforce their own rules.

Federal agencies are limited by the Constitution, which requires that Congress pass legislation to create federal agencies and delegate them some of its powers. However, federal agencies are also limited by the Administrative Procedure Act (APA), which requires that rules be issued through notice and comment rulemaking and follows a similar process for adjudicating challenges to those rules. Finally, there is also a separation of powers doctrine established in Article I of the U.S. Constitution that forbids one branch of government from passing or enforcing laws over another branch’s head–in this case, it would mean that any law passed by Congress could not be enforced by a federal agency without congressional approval first (although there have been exceptions).

The answer is yes, but there are some limits to be aware of.

The answer is yes, but there are some limits to be aware of. In general, the federal government has the power to make its own rules and prosecute those who violate them. However, there are some limitations on this power:

  • The agency must have discretion over whether or not to enforce its own rule. If an agency doesn’t have discretion over whether or not it will enforce its own rule–for example, if it’s required by law or regulation–then you’ll need another way of enforcing your rights under federal law (such as filing a lawsuit in court).
  • You cannot use any other enforcement mechanism besides suing the entity that made your violation illegal (like making them pay damages). If you go through another means such as reporting violations directly through their website instead of going through an independent third party like Consumer Affairs Bureau or Attorney General Office…


The answer is yes, but there are some limits to be aware of. Federal agencies can make their own rules and prosecute those who violate the rules. But enforcement of those rules also depends on the nature of the agency and its legal authority over the subject matter. For example, a tax collection agency cannot enforce its own regulations against taxpayers unless it has that authority under federal law or in some other way possesses sufficient criminal or civil powers to do so (see “Federal Agencies Cannot Make Their Own Rules or Prosecute Those Who Violate Them”).

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