question
Freedom of Information Act (FOIA)
answer
Federal disclosure statute requiring that information held by the government be made available for public review unless one of 9 statutory exceptions applies.
question
3 forms of disclosure under FOIA
answer
publication, inspection and copying, and production upon request
question
Publication disclosure
answer
Published in the Federal Register, such as proposed and final rules from agencies. FOIA 552 (a)(1) requires that every agency publish the following
A description of its central and field organizations and a statement of from whom, and the method whereby, the public may obtain info or make submittals/requests
Statement of the general course and method by which its functions are channeled and determined, including requirements of formal and informal procedures
Rules of procedure, descriptions of forms available to the public, where to get those forms, and instructions as to the scope of all papers, reports, or examinations
Its substantive rules and regulations of general applicability, including statements of general policy and interpretations of laws
Any record that has been requested three or more times
All amendments, revisions, or repeals of any of the above
A description of its central and field organizations and a statement of from whom, and the method whereby, the public may obtain info or make submittals/requests
Statement of the general course and method by which its functions are channeled and determined, including requirements of formal and informal procedures
Rules of procedure, descriptions of forms available to the public, where to get those forms, and instructions as to the scope of all papers, reports, or examinations
Its substantive rules and regulations of general applicability, including statements of general policy and interpretations of laws
Any record that has been requested three or more times
All amendments, revisions, or repeals of any of the above
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Inspection and Copying disclosure
answer
This entails making info available for public inspection and copying. Sometimes referred to as the reading room requirement because it is satisfied by providing a location for people to inspect and copy the documents. As an alternative to a reading room, the agency can publish the info and provide copies for sale.
All orders and final opinions (including concurring and dissenting) made during adjudication
Those statements of policy and interpretation adopted by the agency but not published in the federal register
Administrative staff manuals and instructions to staff that affects a member of the public
All orders and final opinions (including concurring and dissenting) made during adjudication
Those statements of policy and interpretation adopted by the agency but not published in the federal register
Administrative staff manuals and instructions to staff that affects a member of the public
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Production upon Request disclosure
answer
Agency must publish information promptly if two requirements are met:
A request for information reasonably describes the records desires
The request complies with the agency's procedures concerning time, place, and fees.
A request for information reasonably describes the records desires
The request complies with the agency's procedures concerning time, place, and fees.
question
Request Procedure
answer
Any person, including noncitizens, can file a request for disclosure under this method. Generally, the identity of the person requesting is immaterial.
Requests must reasonably describe the info desired.
This process has been made easier with the FOIA portal due to the 2016 amendments.
Once a request is submitted, the agency has 10 business days (not including weekends or legal holidays) to determine if they will comply with the request. If the person has been sent to the wrong division of the agency, they have 10 days to reroute them to the correct office. If the agency plans to not fulfill the request it must notify the requester of its decision, the reasons, and the right to appeal the decision to the head of the agency.
If a decision is appealed, the agency must make a decision within 20 days (not weekends or legal holidays).
Requests must reasonably describe the info desired.
This process has been made easier with the FOIA portal due to the 2016 amendments.
Once a request is submitted, the agency has 10 business days (not including weekends or legal holidays) to determine if they will comply with the request. If the person has been sent to the wrong division of the agency, they have 10 days to reroute them to the correct office. If the agency plans to not fulfill the request it must notify the requester of its decision, the reasons, and the right to appeal the decision to the head of the agency.
If a decision is appealed, the agency must make a decision within 20 days (not weekends or legal holidays).
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FOIA as Discovery tool
answer
Discussed in North v Walsh8, determined it can be used as a discovery tool in a criminal proceeding. The case prohibits the use of FOIA as discovery in judicial proceedings despite the language in the FOIA stating that "any person" may make a request, thereby leading to the conclusion that the FOIA may be used during civil or criminal litigation as a discovery tool.
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Fees and Waivers for Production upon Request
answer
Allows agencies to charge fees for responding to requests in some instances. In a request of 5,000 or more pages, the agency may issue a fee. If the fee is more than $25 the agency is required to consult with the requester to offer suggestions to reduce the size of the search.
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FOIA fee categories
answer
When records are used in a commercial setting, the requester may be charged for document search, copying, and review expenses incurred by the agency
When a request is made by an educational, noncommercial, scientific, or new media organization, the agency can only issue copying fees.
For all other requests, search and copy expenses can be charged to the requester.
When a request is made by an educational, noncommercial, scientific, or new media organization, the agency can only issue copying fees.
For all other requests, search and copy expenses can be charged to the requester.
question
the 9 Exemptions from the FOIA
answer
national defense/foreign policy
critical infrastructures
agency personnel matters
other statutes
trade secrets and financial info
agency memoranda
personnel, medical, and similar private information
law enforcement records
financial institution info
geological info
critical infrastructures
agency personnel matters
other statutes
trade secrets and financial info
agency memoranda
personnel, medical, and similar private information
law enforcement records
financial institution info
geological info
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National Defense and Foreign Policy
answer
For this exemption to apply, the president must issue an executive order requiring that the documents sought be kept classified.
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Critical Infrastructures
answer
Introduced in the wake of 9/11
Data voluntarily provided by owner/operators of "critical infrastructures" such as communications, banking, health care, and utilities, about security issues and vulnerabilities in their systems, are exempt from disclosure
Data voluntarily provided by owner/operators of "critical infrastructures" such as communications, banking, health care, and utilities, about security issues and vulnerabilities in their systems, are exempt from disclosure
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Agency Personnel Matters
answer
Applies to internal agency personnel rules and practices. Rules concerning hiring, vacation leave, and lunch breaks are examples of rules protected by this exemption.
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Other Statutes
answer
There are many other statutes that authorize withholding documents. Congress may not grant an agency unlimited power to withhold records because the FOIA also requires that the other statute "leave no discretion on the issue" or that it establish "particular criteria for withholding or [refer[ to particular types of matters to be withheld."
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Trade secrets and financial information
answer
Withholding trade secrets and/or other commercial/financial information obtained by a company on a privileged/confidential basis that, if released, could result in competitive harm to the company, impair the government's ability to obtain like info in the future, or to protect government's interest in program effectiveness
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Agency memoranda
answer
Aka Deliberative process
Applies to "inter-agency or intra-agency memorandums or letter which would ne be available by law to a party other than an agency in litigation with the agency."
3 possibilities where civil discovery are applied
1)The information is always discoverable
2)Sometimes discoverable
3)Never discoverable
Also, rules of discovery are different for criminal and civil and this exemption does not specify between the two
Applies to "inter-agency or intra-agency memorandums or letter which would ne be available by law to a party other than an agency in litigation with the agency."
3 possibilities where civil discovery are applied
1)The information is always discoverable
2)Sometimes discoverable
3)Never discoverable
Also, rules of discovery are different for criminal and civil and this exemption does not specify between the two
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Personnel, medical, and similar files containing private info
answer
An agency may withhold "personnel and medical files and similar files the disclosure of which would constitute an invasion of privacy
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Law enforcement records
answer
Interfere with enforcement proceedings
Deprive a person of a right to a fair trial or an impartial adjudication
Constitute an unwarranted invasion of personal privacy
Disclose the identity of a confidential source
Disclose investigative techniques and procedures
Endanger the life/physical safety of law enforcement personnel
Deprive a person of a right to a fair trial or an impartial adjudication
Constitute an unwarranted invasion of personal privacy
Disclose the identity of a confidential source
Disclose investigative techniques and procedures
Endanger the life/physical safety of law enforcement personnel
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Financial institution info
answer
Applies to records that are "contained in or relation to examination, operating, or condition reports prepared by, on behalf of, or for use of an agency responsible for the regulation or supervision of financial institutions"
It is believed that public access to financial institution information may unnecessarily result in decreasing public confidence in financial institutions or even cause a panic
It is believed that public access to financial institution information may unnecessarily result in decreasing public confidence in financial institutions or even cause a panic
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Geological information
answer
Geological and geophysical information and data including maps, concerning wells
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Types of Damages
answer
Actual/Compensatory
Special
Nominal
Punitive
General
Special
Nominal
Punitive
General
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Actual/Compensatory Damages
answer
A monetary award intended to make a plaintiff whole, to compensate for actual monetary losses and injuries
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Special Damages
answer
form of compensatory damages; reimburses plaintiff for actual out-of-pocket injuries, such as medical expenses
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Nominal Damages
answer
a monetary award, typically small, intended to recognize a legal wrong. Nominal damages do not compensate for actual injuries or losses.
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Punitive Damages
answer
a monetary award intended to punish or defer future misconduct. The amount is no compensation for, but may be determined or limited by, actual monetary losses or injuries
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General Damages
answer
form of compensatory damages, intended to compensate plaintiffs for pain and suffering, humiliation, and other related injuries
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Tools of Discovery
answer
-interrogatories
- depositions
-request for production of documents
-requests for admissions
-bills of particulars
- Subpoenas
- FOIA
- depositions
-request for production of documents
-requests for admissions
-bills of particulars
- Subpoenas
- FOIA
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Differential Treatment
answer
refers to intentional discrimination, where people in a protected class are deliberately treated differently. This is the most common type of discrimination. An example would be an employer giving a certain test to all of the women who apply for a job but to none of the men
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Disparate Impact
answer
refers to discrimination that is unintentional. The procedures are the same for everyone, but people in a protected class are negatively affected. For example, say that job applicants for a certain job are tested on their reaction times, and only people with a high score are hired. This test will discriminate against older workers, who are less likely to have fast reaction times
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Estoppel
answer
The principle which precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination. May prevent someone from bringing a particular claim to court
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The Privacy Act
answer
Purpose: safeguard the privacy of individuals by establishing a set of rules governing the collection and dissemination of private information.
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Privacy Act Presumptions
answer
Only relevant and necessary info about individuals will be collected and maintained
An individual may access information maintained pertaining to them
Written consent for disclosure must be obtained before the government may disclose info about an individual
An individual may access information maintained pertaining to them
Written consent for disclosure must be obtained before the government may disclose info about an individual
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Privacy Act 12 Exemptions
answer
To agency officials who need the info to perform duties
Disclosure is required by FOIA
Routine use
To the Bureau of Census
For statistics and reporting, where individuals will not be identified
To the national archives
To law enforcement officials
Compelling circumstances when health or safety of a person is at issue
To congress or one of its committees
To the comptroller general
Pursuant to a court order
To consumer reporting agencies in accordance with other law
Disclosure is required by FOIA
Routine use
To the Bureau of Census
For statistics and reporting, where individuals will not be identified
To the national archives
To law enforcement officials
Compelling circumstances when health or safety of a person is at issue
To congress or one of its committees
To the comptroller general
Pursuant to a court order
To consumer reporting agencies in accordance with other law
question
Sunshine Act
answer
Generally requires that agency meetings be open to public observation
The act only applies to "collegial" agencies - agencies headed by more than one person
The act only applies to "collegial" agencies - agencies headed by more than one person
question
Sunshine Act 10 Exemptions
answer
1)Matters of national defense and/or foreirgn policy that have been properly classified by Executive Order (Pres)
2)Matters that relate solely to internal personnel rules and practices of an agency
3)Matters exempted from disclosure by another statute, provided that the statute leaves no discretion on the issues or establishes specific criteria for withholding
4)Trade secrets or commercial or financial information obtained from an individual
5)An accusation of a crime/formal censure
6)Matters of personal nature, the disclosure of which amounts to a clearly unwarranted invasion of privacy
7)Investigatory records compiled for law enforcement purposes and related info
8)Matters concerning the regulation and supervision of financial institutions
9)Information that will endanger the stability of a financial institution or lead to significant speculation in currencies, securities, or commodities
10)Matters concerning an agency's issuance of a subpoena, participation in a civil proceeding, participation in a foreign proceeding, an arbitration, and other agency actions
2)Matters that relate solely to internal personnel rules and practices of an agency
3)Matters exempted from disclosure by another statute, provided that the statute leaves no discretion on the issues or establishes specific criteria for withholding
4)Trade secrets or commercial or financial information obtained from an individual
5)An accusation of a crime/formal censure
6)Matters of personal nature, the disclosure of which amounts to a clearly unwarranted invasion of privacy
7)Investigatory records compiled for law enforcement purposes and related info
8)Matters concerning the regulation and supervision of financial institutions
9)Information that will endanger the stability of a financial institution or lead to significant speculation in currencies, securities, or commodities
10)Matters concerning an agency's issuance of a subpoena, participation in a civil proceeding, participation in a foreign proceeding, an arbitration, and other agency actions
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Federal Torts Claims Act (FTCA)
answer
Federal legislation enacted in 1946 that provides a legal means for compensating individuals who have suffered personal injury, death, or property loss or damage caused by the negligent or wrongful act or omission of an employee of the federal government
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FTCA Exceptions
answer
Executive Functions
Intentional Torts
Discretion
Intentional Torts
Discretion
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FTCA Executive Functions
answer
The first FTCA exception is for specific administrative functions and for claims arising in foreign nations. The "foreign nation" exception bars all claims against the federal government based on any injury suffered in a foreign country, regardless of where the tortious act or omission giving rise to that injury occurred
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FTCA Intentional Torts
answer
The second FTCA exception is an exclusion of liability for "any claim of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contractual rights.
Was amended to allow assault, battery, false imprisonment, false arrest, malicious prosecution, and abuse of process committed by law enforcement officers
Was amended to allow assault, battery, false imprisonment, false arrest, malicious prosecution, and abuse of process committed by law enforcement officers
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FTCA Discretion
answer
The third FTCA exception shields the federal government from liability for "discretionary" - as opposed to "ministerial" - acts of government employees, officers, and/or officials. This exception applies even if an agency abuses its discretion. Its purpose is to prevent the judicial branch from second guessing legislation and administrative decisions grounded in social, economic, or wrongful death.
An act is discretionary if it involves making a choice from a variety of options.
An act is ministerial if the law requires the performance of a specific act or applies specific standards to the performance of an act.
An act is discretionary if it involves making a choice from a variety of options.
An act is ministerial if the law requires the performance of a specific act or applies specific standards to the performance of an act.
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4 Hurdles to Judicial Review
answer
standing, ripeness, exhaustion, primary jurisdiction
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Standing Doctrine:
answer
Requirement that a person who brings a lawsuit has a personal interest in the case
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Ripeness:
answer
concerned with maturity - that is, whether the case is sufficiently mature to be heard by a court. Only final agency actions may be reviewed by the Courts.
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Exhaustion (of Administrative remedies):
answer
provides that all administrative remedies must be pursued and exhausted (completed) before judicial review is available. Similar to the finality rule in judicial proceedings.
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Primary jurisdiction:
answer
requirement that disputes between private parties be raised in an administrative forum before being filed in court if an administrative agency has jurisdiction over the issues in dispute.
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Absolute Immunity v Qualified Immunity
answer
Absolute immunity: offers stronger protections, but is used sparingly
Qualified immunity: offers weaker protections, but applies to more government officials
Qualified immunity: offers weaker protections, but applies to more government officials
question
Transactional immunity
answer
Absolute protection against prosecution for any event or transaction about which a witness is compelled to give testimony or furnish evidence.
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Derivative use immunity
answer
An incomplete immunity. The information compelled by the government and evidence derived therefrom may not be used to prove a person's guilt; independent evidence, however, may be used to prove guilt.
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Use immunity
answer
A guarantee government prosecutors give to a witness to not use the witness's self-incriminating compelled testimony as evidence against the witness in a subsequent criminal prosecution. A witness who receives use immunity may still be prosecuted, but based only on evidence not gathered from the protected testimony
question
De Novo
answer
Standard of review that allows the reviewing court to judge a case anew with no deference accorded to the agency's factual findings.
question
Amicus Curiae:
answer
"friend of the court", defined as the legal brief where someone who is not a party to a case assists a court by offering information, expertise, or insight that has a bearing on the issues in the case
question
Ex parte:
answer
Latin term meaning literally "from/out of the party/faction of", thus signifying "on behalf of". An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present
question
In Camera:
answer
in chambers or in private. A hearing is in camera if conducted outside the presence of the public, such as in a judge's chambers or in a courtroom from which all spectators have been excluded.
question
Sua sponte:
answer
Latin, meaning "of its own will." Often refers to a court taking an action in a case without being asked to do so by either side.
question
Mandamus:
answer
Latin for "we command". Common law writ issued by a superior tribunal to an inferior tribunal or person requiring that some action be taken. Normally, the writ can only compel the ministerial acts be taken
question
Res Judicata:
answer
latin for "a matter adjudged". Doctrine that precludes a party from litigating a final judgment on the merits issued by a competent court or administrative tribunal.
question
Habeas Corpus:
answer
Latin for "you have the body". Common law writ issued by a court to a custodian of a person to bring the prisoner before the court to determine the lawfulness of imprisonment.
question
Parens Patriae:
answer
Latin term meaning "parent of their country". Used when a government acts on behalf of an individual
question
Privatization Issues
answer
APA and FOIA did not foresee the privatization revolution that occurred at the end of the 20th century and went into the 21st century, thus they did not make it clear whether the FOIA applies to the myriad of private parties that provide services to, and receive funding from, the federal government.
The leading case addressing this issue is Forsham v. Harris and it, along with other cases, indicate the following factors when deciding whether a private party is subject to open government regulations
The extent to which government manages daily operations of the agency
The extent to which the government regulates the agency
The extent to which the government funds the agency
The amount of authority delegated to the agency by the government (eg rulemaking, taxing, and adjudicatory authorities)
Whether the agency is performing a core government function, especially those involving civil liberties.
The leading case addressing this issue is Forsham v. Harris and it, along with other cases, indicate the following factors when deciding whether a private party is subject to open government regulations
The extent to which government manages daily operations of the agency
The extent to which the government regulates the agency
The extent to which the government funds the agency
The amount of authority delegated to the agency by the government (eg rulemaking, taxing, and adjudicatory authorities)
Whether the agency is performing a core government function, especially those involving civil liberties.
question
Pendleton Act:
answer
provided that Federal Government jobs be awarded on the basis of merit and that Government employees be selected through competitive exams. ... The act also made it unlawful to fire or demote for political reasons employees who were covered by the law.
question
Lloyd Lafollette Act of 1912:
answer
guaranteed the right of federal employees to directly share information with Congress. And that it "may not be interfered with or denied."
question
Civil Service Reform Act of 1978:
answer
recognized that many high level positions in the civil service have important policy making responsibilities and that the president and his cabinet officers ought to have more flexibility in recruiting, assigning, and paying such people.
reformed the civil service of the United States federal government, partly in response to the Watergate scandal
reformed the civil service of the United States federal government, partly in response to the Watergate scandal
question
Regional Reporter and the 7 different types
answer
commercially published unofficial reporters that contain decisions of appellate courts from states in a particular region of the United States. West publishes 7 different regional reporters;
Atlantic
North Eastern
North Western
Pacific
Southern
South Eastern
South Western
Atlantic
North Eastern
North Western
Pacific
Southern
South Eastern
South Western
question
Federal Reporters:
answer
United States Reports (U.S. ...), an official reporter
Supreme Court Reporter (S. Ct.), published by West
United States Supreme Court Reports, Lawyer's Edition (L. Ed.), published by Lexis
Supreme Court Reporter (S. Ct.), published by West
United States Supreme Court Reports, Lawyer's Edition (L. Ed.), published by Lexis
question
13 Circuit Court of Appeals Reporter is...
answer
Federal Reporter (F.)
question
94 U.S. District Courts Reporter is...
answer
Federal Supplement (F. Supp.)
question
Sanctions
answer
are penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations
question
Standards of Review
answer
De Novo
Substantial Evidence
Arbitrary, Capricious, and Abuse of Discretion
Issues of Law
Issues of Fact
Mixed Questions of Law and Fact
Issues of Discretion
Failure to Raise Issues
Alternative Rationale
Substantial Evidence
Arbitrary, Capricious, and Abuse of Discretion
Issues of Law
Issues of Fact
Mixed Questions of Law and Fact
Issues of Discretion
Failure to Raise Issues
Alternative Rationale
question
Substantial Evidence:
answer
Standard applied on review; requires a court to affirm an agency decision if a reasonable person could have reached the same conclusion as the agency did.
question
Arbitrary, Capricious, and Abuse of Discretion:
answer
deferential standard under which agency actions are presumed valid and affirmed if supported by any rational basis.
question
Issues of Law:
answer
courts are to "hold unlawful and set aside agency action, findings, and conclusions found to be . . . contrary to constitutional right, power, privilege, or immunity; in excess of statutory jurisdiction, authority, or limitations, or short of statutory right.
question
Issues of Fact:
answer
three standards of review are applied; De Novo (only applied when required by law, rare), substantial evidence (used to review the factual findings of agencies in formal rulemaking and formal adjudication), and arbitrary, capricious, abuse of discretion.
question
Mixed Questions of Law and Fact:
answer
those cases that involve the direct application of an interpreted law to a fact issue. No uniform rule as to what standard of review applies to mixed questions. In some cases, courts use de novo and other courts apply substantial evidence. Generally, the more legal the question, the more likely they are to use de novo. The more factual, the more likely it is to use substantial evidence.
question
Issues of Discretion:
answer
Rare because decisions committed to agency discretion law are unreviewable by the courts. In most instances, discretionary decisions are reviewable under the arbitrary, capricious abuse of discretion standard.it applies to informal agency action such as informal rulemaking and informal adjudication.
question
Failure to Raise Issues:
answer
review is limited to those issues raised at the administrative level. Failure to raise an issue or assert a position at the admin level bars the party from raising the issue on appeal. An exception to this rule exists for issues of agency jurisdiction. The failure to claim that an agency lacks jurisdiction at the agency level is not fatal. That issue may be raised for the first time before a reviewing court.
question
Alternative Rationale:
answer
this holding requires that agencies render thoughtful decisions. It prevents an agency from issuing findings with little analysis or insight into its rationale in hopes a court will find a means by which it can be affirmed. It is judicially efficient because the burden is not placed on the judge to search for a solid foundation on which to set an agency's findings.
question
sovereign immunity
answer
Doctrine holding that the government is immune or free from liability/being sued
question
Sovereign Immunity: Discretionary v Operational
answer
Discretionary: purpose is to avoid placing courts in the position of second-guessing the Government's social, economic and political decisions
Operational: purpose is to determine whether an act is ministerial/operation or is discretionary in nature.
Operational: purpose is to determine whether an act is ministerial/operation or is discretionary in nature.
question
Sources of Review Authority
answer
Statutory
Nonstatutory
Agency discretion
Standing
Citizen and Taxpayer
Qui Tam Actions
Environmental cases
Consumer
Competitor
Constitutional
Nonstatutory
Agency discretion
Standing
Citizen and Taxpayer
Qui Tam Actions
Environmental cases
Consumer
Competitor
Constitutional
question
Public duty doctrine
answer
Immunizes both governments and their officials for acts that are owed to the public generally and no specific duty is owed to an individual. Translates to; a duty to all is a duty to no one.
question
Scope of employment
answer
Government is only liable for the acts of its employees, officers, or officials, or other agents who are acting within the scope of their employment.
To determine if an agent/official is acting within their scope, consider the following factors
Whether the act is commonly done in the course of business
The time, place, and purpose of the act
Whether the act is within the enterprise of the master; the similarity of the act done to the act authorized
Whether the means of doing harm has been furnished by the master
The extent of departure from the normal method of accomplishing an authorized result
To determine if an agent/official is acting within their scope, consider the following factors
Whether the act is commonly done in the course of business
The time, place, and purpose of the act
Whether the act is within the enterprise of the master; the similarity of the act done to the act authorized
Whether the means of doing harm has been furnished by the master
The extent of departure from the normal method of accomplishing an authorized result
question
42 U.S.C. §1983 Civil Rights Act of 1871
answer
Aka the Ku Klux Klan Act
Empowered the president to suspend the writ of habeas corpus to combat the KKK and other white supremacy organizations by enforcing the 14th amendment. The statutory goal is to prevent states from violating the 14th amendment and to provide plaintiffs with compensation for violation of civil rights.
Empowered the president to suspend the writ of habeas corpus to combat the KKK and other white supremacy organizations by enforcing the 14th amendment. The statutory goal is to prevent states from violating the 14th amendment and to provide plaintiffs with compensation for violation of civil rights.
question
Federal Question:
answer
one of two means to establish federal court jurisdiction. A claim arising under the Constitution or laws of the US is a federal question. The other means of acquiring federal question is through diversity of the parties.
question
Chevron Doctrine:
answer
The policy that a court is to defer to an agency's reasonable interpretation of an ambiguous statute
question
Standing Doctrine:
answer
Requirement that a person who brings a lawsuit has a personal interest in the case
question
Auer Doctrine:
answer
the policy that a court is to defer to an agency's interpretation of its own regulations
question
Qui Tam:
answer
lawsuit brought by a citizen against one who has defrauded the government. The citizen who brings up qui tam actions is entitled to keep a portion of the proceeds of the lawsuit.
question
Final agency action:
answer
a judicially reviewable agency action
question
Collateral estoppel:
answer
Doctrine that prevents relitigation of an issue that was decided in a prior case. Collateral estoppel bars relitigation of issues that are part of claims, whereas res judicata bars entire claims.
question
equitable estoppel; estoppel in pais
answer
Doctrine that prevents a party from asserting a particular defense or raising a particular issue because it is unfair to allow the party to do so.
question
Laches:
answer
Common law doctrine that prohibits a party from raising a right/claim when the party's delay in asserting the right or claim has prejudiced an adverse party. Paris Hilton and Nicole Richie at the 2003 Billboard Music Awards.
question
Reverse FOIA action:
answer
lawsuits brought by submitters of records to agencies to prevent disclosure of information
question
Privacy Act:
answer
the antithesis of the FOIA. federal statute that certain private info held by the government should not be disclosed. 5 USC (symbol) 522(a)
question
Injunction:
answer
form of equitable relief; an order of a court requiring someone either to take action or to refrain from acting
question
Pendent Jurisdiction:
answer
power of a federal court to hear state law claims that are related to an underlying federal law claim. Is an exception to the rule that prohibits federal courts from hearing state cases
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