Legal Studies ch 5-7

by enabling legislation

Executive-precedence has great power

Independent-less precedence power

Officers-serve fixed term

Statute that specifies the name,purposes,functions and powers of administrative agency

says Congress can create agencies and delegate to them the power to create rules to implement laws.

Federal administrative agencies may exercise only those powers Congress has delegated to them in enabling legislation.

appoint officers and veto legislation

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

The judicial branch exercises control over agency powers through the courts' review of agency actions

formulation of new regulation

notice and comment rulemaking (118)

In administrative law, the principle that a complaining party normally must have exhausted all available administrative remedies before seeking judicial review.

Final Rule published in the Federal register,no radical changes

arbitrary or capricious

(adj.) unreasonable; based on one's wishes or whims without regard for reason or fairness

given to sudden and unaccountable changes of mood or behavior

-inspections and test
-issue subpoenas

-not having legit purpose
-relevance of info
-specificity of demand
-burden on party's

FCC v. Fox Television Stations

hears when agency charges party with violation

unbiased adjudicator

public scrutiny

Freedom of information Act

Government in sunshine act
Regulatory flexibility act

small business regulatory enforcement fairness act

Gives all citizens the right to inspect all records of federal agencies except those containing military, intelligence, or trade secrets; increases accountability of bureaucracy

A law that requires all committee-directed federal agencies to conduct their business regularly in public session.

Requires an analysis of the cost a regulation will impose on small business and must consider less burdensome alternatives

Allows Congress to review new federal regulations for at least sixty-days before they can take effect.

a civil wrong for which the law provides a remedy

A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.

punish the wrongdoer and deter others from similar wrongdoing-only available in intentional torts

-Intentional
-Unintentional
-Strict liability

tortfeasor

-intended the act
-or knew with certainty the consequences of their act

the intentional and unexcused threat or immediate harmful contact

completion of assault(physical injury,unwelcomed kiss)

the intentional confinement or restraint of another person's activities without justification

merchants can detain a suspected shoplifter

- got arrested and put in jail
- kept in prison for 16 days because paperwork was messed up
- sued and got a lot of money back including some for emotional damages
- would have been okay to detain him for a few days to figure out his paper work but 16 days was to much

extreme and outrageous conduct intentionally or recklessly causing severe emotional distress

Act of harming or ruining another's reputation with the publication of a false statement

presents something that is either correct or incorrect and can be verified with evidence

not actionable/free speech

third party must hear or see statement. An individual who re-publishes the statement may be liable.