Five Procedural Requirements for Judicial Review of a Challenge to an Agency

question 128

Multiple Choice

Five procedural requirements for judicial review of a challenge to an agency decision are:

• A) jurisdiction, standing, discretion, ripeness and exhaustion
• B) jurisdiction, standing, ripeness, exhaustion, and appealability
• C) reviewability, ripeness, exhaustion, diversity of action, and venue
• D) ripeness, exhaustion, jurisdiction, reviewability, and discretion
• E) none of the other choices

Analyze the effects of material and anticipatory breaches on contractual obligations.

Discern between different standards (subjective, objective) for contract satisfaction and their legal implications.

Recognize the role of mutual agreement (accord and satisfaction, novation, mutual rescission) in modifying or discharging contracts.

Identify various types of legal and equitable damages and remedies available in contract law.

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Definitions:

Mediation

In mediation, a neutral third party called the mediator listens to and reviews the information presented by both sides and then makes an informed recommendation and provides advice to both parties about what she or he believes should be done.

Labor Contracts

Legal agreements between employers and workers (or their representatives) that outline terms of employment, wages, benefits, and conditions of work.

Negotiations

The process of discussing terms between parties with differing interests to reach a mutual agreement or compromise.

National Labor Relations Board

The National Labor Relations Board is a U.S. government agency that oversees labor practices, ensuring workers' rights to organize and determining the legality of labor union practices.