Legal exam 2 chapter 23

The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law).

The process by which Congress gives the executive branch the additional authority needed to address new problems.

A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency being created.

Federal agencies that are part of the executive branch but outside the structure of cabinet departments. Their heads typically serve at the pleasure of the president and can be removed at the president's discretion.

Federal regulatory agencies that are independent, thus not fully under the power of the president. Ex. Federal Trade Commission, Securities and Exchange Commission.

Legislative, Executive, Judicial

administrative rulings based on statutory authority granted an agency by Congress; the rules have the same legal force as statutes passed by Congress.

A doctrine based on the U.S. Constitution, which has been construed to allow Congress to delegate some of its power to administrative agencies to make and implement laws.

President has veto power and can appoint officers

Congress gives power to an agency through enabling legislation and can take power away

review of agency actions, court can overturn agencies decision if they exceed its authority under the enabling statute.

the party seeking court review of an agency decision must first exhaust all administrative remedies before the court can review the decision

review of agency actions, court can overturn agencies decision if they exceed its authority under the enabling statute.

The APA gives courts power to hold agencies' actions "arbitrary and capricious" if they are not in compliance with constitutional due process.

1. failed to provide a rational explanation for the decision
2. changed a prior policy without explanation
3. considered legally inappropriate factors
4. failed to consider a relevant factor
5. rendered a decision plainly contrary to the evidence

how the agency rules are made

defined as an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law and policy

1. give notice of he proposed rule
2.provide for a comment period
3. give notice that the "final rule" has been enacted

The process of reaching final equitable settlement of all outstanding issues, claims, and disputes through negotiation.

resembles a trial. Normally much more info, including hearsay(secondhand info), can be introduced as evidence during an administrative hearing. The burden of proof in an enforcement proceeding is placed on the agency.

a principle of administrative law requiring courts to defer to interpretations of statutes made by those government agencies charged with enforcing them, unless such interpretations are unreasonable.