question
Common Law
answer
judge-made law; stare decisis; develops over time; precedence
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Stare Decisis
answer
"Let the decision stand," that is, the ruling from previous cases
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Precedent
answer
an earlier case that decided the issue
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Common Law (2)
answer
Stare Decisis, Bystander Cases
question
Statutory Law (7)
answer
Bills, Congress and the Court, Debate, Statutory Interpretation, Changing Times, Voter's Role, Congressional Override
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Bill
answer
a proposed statute
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Debate
answer
Conference Committee
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Statutory Interpretation (3)
answer
Plain Meaning Rule, Legislative History and Intent, Public Policy
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Conference Committee
answer
representatives of both houses examine all of the differences between the two bills and try to reach a compromise
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Plain Rule Meaning
answer
apply statute's words, as is
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Legislative History and Intent
answer
if the language is unclear, look at history of law, committee hearings, reports, and debates
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Veto
answer
power of the president to reject bills passed by Congress; Congress can also override president's veto with 2/3 vote
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Types of Agencies
answer
Executive and Independent
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Executive Agency
answer
seldom diverge far from the president's preferred policies; president can remove head of agency
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Independent Agency
answer
lack the president's ability to removed the agency's head
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Enabling Legislation
answer
Congress creates a federal agency by describing the need for the new agency, establishing the agency, and defining its powers
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Power of Agencies (3)
answer
Rulemaking, Investigation, Adjudication
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Rule Types (2)
answer
Legislative Rules, Interpretive Rules
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Legislative Rules
answer
most important; similar to statutes; creates law by require businesses and people to act a specific way
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Interpretive Rules
answer
do not change law; agency's interpretation
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Rulemaking Types (2)
answer
Informal Rulemaking, Formal Rulemaking
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Informal Rulemaking
answer
"notice and comment;" propose rule and have it published AND permit public to comment; not binding
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Formal Rulemaking
answer
after publishing a proposed rule, a public hearing is required with a formal, written response of the hearing
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Investigation (2)
answer
Subpoenas, Search and Seizure
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Subpoenas
answer
order to appear at a particular time and place
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Subpoena Duces Tecum
answer
requires person to produce certain documents or things
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Search and Seizure
answer
conduct a search without a warrant and seize evidence of violations
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Adjudicate
answer
to hold a formal hearing about an issue and then decide it
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Administrative Law Judge
answer
an agency employee who acts as an impartial decision maker
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Limits on Agency Power (4)
answer
Statutory Control, Political Control, Judicial Review, Informational Control and the Public
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Statutory Control
answer
limitations by enabling legislations
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Political Control
answer
checks and balances to reduce political control
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Judicial Review
answer
those affected by administrative rule, investigation, or adjudication may have it reviewed
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Informational Control and the Public (2)
answer
Freedom of Information Act and Privacy Act
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Freedom of Information Act
answer
access to federal agency information (exceptions)
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Privacy Act
answer
prevents federal agencies from sharing individual's information between agencies
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