LA 245 Chapter 4 Definitions

judge made law based on precedent

let the decision stand

previous ruling in a case that is used to decide other similar cases

one has no duty to assist someone in peril unless they created the danger

protects individuals from being liable for any injury incurred while they were attempting to provide or obtain help for an injured person

law enacted by legislatures

no law exists that addresses the issue

to respond to an unpopular judicial ruling

to address criminal law (is prospective)

plain meaning rule

legislative history and intent

public policy

when a statute's words have ordinary significance, the court simply applies those words

if language is unclear, court looks at the law's history to determine the intent of the legislature

examines committee hearings, reports, and floor debates

if legislative history is unclear, courts rely on general public policies

regulations passed by executive agencies

legislation passed by Congress that describes the problems that Congress believes needs legislation, establishes an agency to do so, and defines that agency's powers

executive
independent

agencies in which president has control

president can fire the agency head at any time

agency will rarely stray from the president's preferred policies

ex FDA and IRS

agencies in which president has no power

ex FCC, SEC, EPA

rulemaking
investigation
adjudication

agency's interpretation of what the law already requires, not a change to the law

no public hearing required

done with notice and comment

in informal rulemaking, agencies must publish a proposed rule in advance and permit the public a comment period

requires that agency hold a public hearing and provide a formal, written response to everything that occurred at the hearing when making its final decision

power of administrative agencies in which they can subpoena corporations to get information

agency can search an enterprise and seize any evidence of wrongdoing

to hold a hearing about an issue and then decide it

an agency employee who acts as an impartial decision maker

statutory control
political control
judicial control
informational control

enabling legislation may require that an agency use formal rulemaking or investigating only certain issues

Congress must approve presidential nominees to head agencies

president has high influence over agencies with executive control

Congress has power of the purse

an individual or corporation directly harmed by an administrative rule, investigation, or adjudication may have that action reviewed in federal court

individual or corporation must exhaust all appeal options within the agency first, then the party injured by an agency decision can appeal to federal court

courts defer to an agency's fact finding

courts often defer to agency's interpretation of the law

if agency decision is arbitrary and capricious, court will overrule agency decision

Freedom of Information Act

Privacy Act

gives everyone access to the information that federal agencies are using

entitled to information about how the agency operates, how it spends its money, and what statistics and other information has been collected on a given subject

anyone is subject to information the government has about them

doesn't apply to branches of government

criminal investigations

internal agency matters

trade secrets or financial institutions

individual private life

national security

prohibits federal agencies from giving information about an individual to other agencies or organizations without written consent