Legal Studies Exam 2

Governmental bodies formed to carry out particular laws

The rules, orders, and decisions of federal, state, and local government agencies established to perform a specific function

Executive Branch

Legislation that give administrative agencies their power, which usually specifies the name, composition, and powers of the agency

A doctrine stating that under the US constitution, Congress may delegate the task of implementing its laws to government agencies

Executive agencies and Independent regulatory agencies

Federal agencies that are part of the executive branch but outside the structure of cabinet departments. Department of Defense, Department of Education, Department of Interior, Department of State

Federal regulatory agencies that are independent, thus not fully under the power of the president. Members have set terms and cannot be removed except for cause

Term refers to all of the administrative agencies

Rulemaking, enforcement, adjudication

The process by which an administrative agency formally adopts a new regulation or amends an old one.

A procedure in agency rulemaking that requires notice, opportunity for comment, and a published draft of the final rule. Notice of Proposed Rulemaking - Opportunity for Comment - Publication of the Final Rule

Part of the "Notice-and-Comment Rulemaking" process which begins with the publication of the proposed regulation in the federal register

Part of the "Notice-and-Comment Rulemaking" process where after notice is published, time is allowed for private parties to comment on the proposed rule

Part of the "Notice-and-Comment Rulemaking" process where after the agency reviews the comments, it drafts the final rule and publishes it to the Federal Register

Administrative agencies investigate the entities that they regulate. They conduct investigations during the rulemaking process to obtain information and after rules are issued to monitor compliance

Used to gather information and to correct or prevent undesirable conditions; no warrant required

Orders that direct individuals to appear at a hearing or to hand over specified documents

Must have a legitimate purpose, the information being sought must be relevant, and the demand for testimony or documents must be specified

Second hand evidence that may be introduced as evidence

the process of determining whether the defendant is guilty

One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact

Complaint - Answer - hearing Before Administrative law Judge - Order of Administrative Law Judge - Appeal to Governing Board of Agency - Final Agency Order - Appeal Court for Review of Agency Decision - Court Order

Judicial review, executive and legislative controls

Law that deals with harm to a person or a person's property

To provide remedies for invasion of protected interests. Protecting physical safety, real and personal property, personal privacy, family relations, reputation and dignity

duty, breach, causation, damages

Did the defendant owe the plaintiff a legal duty of care

Did the defendant breach that duty

Did plaintiff suffer a legal injury

Did defendant's breach of duty cause plaintiff's injury

liability without fault

Courts apply strict liability based on activities involving extreme risk of injury. Applications include: blasting, dangerous animals, product liability

a plaintiff must prove that an inherent defect in a product caused the damages claimed. In other words, the plaintiff must prove (1) that the product was inherently defective and (2) that the defect in the product caused the injury or damage

...