question
Common Law
answer
judge made law
question
Stare decisis
answer
"let the decision stand", that is, the ruling for a previous case
question
Bystandard's Obligation
answer
you have no duty to assist someone in peril unless you created the danger
question
Statutory Interpretation
answer
the state looks at all of these
1. Plain meaning rule: look at the words, what do they mean? when a statute's words have ordinary, everyday significance, the court will simply apply those words.
2. Legislative history and intent: if the language is unclear, the court must look deeper
3. Public policy: if the legislative history is unclear, courts will rely on general public policies, such as reducing crime, creating equal opportunity, etc.
1. Plain meaning rule: look at the words, what do they mean? when a statute's words have ordinary, everyday significance, the court will simply apply those words.
2. Legislative history and intent: if the language is unclear, the court must look deeper
3. Public policy: if the legislative history is unclear, courts will rely on general public policies, such as reducing crime, creating equal opportunity, etc.
question
Administrative Law
answer
have become the fourth branch of government
question
What can these agencies do?
answer
1. To make rules
- Legislative: they make new laws
- Interpret: they interpret laws that are already on the books
2. Implement rules
- informal: agencies may use a simple "notice and comment" method of rule-making
Formal: an agency holds a hearing before promulgating rules
3. Investigate
- subpoenas: an order to appear at a particular place and time
4. Adjudication: to hold a formal hearing about an issue and the decide it
- Legislative: they make new laws
- Interpret: they interpret laws that are already on the books
2. Implement rules
- informal: agencies may use a simple "notice and comment" method of rule-making
Formal: an agency holds a hearing before promulgating rules
3. Investigate
- subpoenas: an order to appear at a particular place and time
4. Adjudication: to hold a formal hearing about an issue and the decide it
question
Ways to limit the power of agencies
answer
- political control: congress can cut the budgets of agencies
- can refuse to accept candidates nominated by the president, the senate has to approve
- can refuse to accept candidates nominated by the president, the senate has to approve
question
Judicial Review
answer
courts generally defer to an agency's fact-finding, and they defer to the agency's interpretation of the law
question
Freedom of Information Act (FOIA)
answer
passed in 1966, designed to give all of us, citizens, businesses, and organizations alike, access to the information that federal agencies are using
question
You can access the following
answer
- how it operates
- how it spends its money
- can obtain information and records the agency has about you
- how it spends its money
- can obtain information and records the agency has about you
question
Exemptions
answer
an agency officially has ten days to respond to the request
question
Agency Limitations
answer
the four most important limitations on the power of federal agencies are statutory control in the enabling legislation and the administrative Procedure Act, political control by congress and the president, judicial review, and the information control created by the FOIA and the Privacy Act
question
Result
answer
congress passed Title VII as a bold, aggressive move to end race discrimination in employment
Order an Essay Now & Get These Features For Free:
Turnitin Report
Formatting
Title Page
Citation
Outline
