MSJC FA12 LEG-112-5140 Administrative Law – Mr. Discenza

A body of law that defines the powers, limitations, and procedures of administrative agencies. (pg 2)

A comprehensive statute governing the procedure that agencies must follow when performing their functions. The federal APA was enacted in 1946. (pg 2)

Administrative agencies responsible for promoting the general welfare of the people. Such agencies' missions often include providing service or cash distributions to person who qualify for assistance. (pg 6)

Administrative agencies responsible for proscribing or requiring certain behavior, determining compliance with the law, and prosecuting (and occasionally punishing) those who violate the law. (pg 6)

Granting prermission to engage in or practice certain professions, occupations, or trades. Administative agencies may be delgated the responsibility to license selected professions, occupations, or trades. This usually involves setting standards and administering tests for license applicants. The power to license also usually includes the power to disicipline and oversee those licensed. (pg 7)

The authority to set the rates that may be charged by members of cetain industries, such as utilities. This authority is often delegated to an administrative agency. (pg 7)

Administrative agencies that provide special, nonredistributive services such as research. (pg 7)

An administrative agency whose head answers to the president and may be diciplined or terminated at the president's will. (pg 7)

An administrative agency that is to some degree independent of the president. Various degrees of independence exist; a common arrangement is to limit the presidential power of removal of the agency head(s) to good cause. (pg 7)

The division of governmental power between the federal government and the state government. (pg 17)

A federal system of government where both the federal and state governments are sovereign with different, and occasionally concurrent, jurisdictions. (pg 17)

The authority of government to regulate for the public welfare. In the United States, the police power generally is held by the state governments. (pg 18)

A federal system that recognizes both federal and state governments, but where state authority is limited to those authorities not exercised by the federal government or reserved to the people. (pg 18)

Provision found in article I, section 8, cl. 18 of the federal Constitution. Provides that Congress may enact all laws necessary and proper to carry out Congress's other enumerated powers. (pg 19)

Provision found in Articl VI of the federal Constitution. Provides that properly enacted federal laws are superior to all state and local laws. (pg 19)

Provision found in Article I, section 8, cl. 3 of the federal Constitution. States that Congress has the power to regulate interstate commerce, commerce with forign nations, and commerce with Indian tribes. (pg 19)

Pursuant to the Supremacy Clause, some subjects may be exclusively federal even though concurrent jurisdiction initially existed becaue of their national character. Preempton May occur Expressly or implicitly through comprehensive fedral regulation of the subject. (pg 25)

The rule that a state may not excessively burden interstate commerce even if Congress has not regulated the subject. (pg 27)

An intergovernmental model that describes a relationship between the federal government and state governments that is characterized by close, collaborative relations and a common objective, and a lessened focus on legal jurisdictional boundaries. (pg 30)

The division of governmental power into three branches: executive, legislative, and judicial. (pg 30)

A mechanism used by Congress to invalidate agency action that falls short of the constitutional method of making law (bicomeral action with persentment to the president). (pg 39)

Executive prerogative to remove individual expenditures from an apporved budget. (pg 39)

Acting outside the scope or legal limits. An agency that exceeds its statutory mandate acts ultra vires. (pg 49)

Opinion issued by an agency, upon request, that offers the agency's interpertation of the law or asserts the agency's policy, practices, or procedures. (pg 58)

Administrative equivalent of a judicial declaratory judgment. An agency may issues a declaratory order to terminate a controversy or remove uncertainty. Such orders have the same effect as orders resulting from adjudications. (pg 58)

Process of having a neutral third party intervene in a dispute in an attempt to assist the parties in reaching a resolution. (pg 59)

Process of having the parties to a dispute present their evidence and arguments to a neutral third party for decision. The decision of an arbitrator may be binding. (pg 59)

The minimum procedural steps a government must take before depriving a person of life, liberty, or property. Generally, due process includes the right to notice and a fair hearing. (pg 62)

Requirement that laws be related to the purpose intended or that the government has some substational reason for the regulation. Today, most laws are upheld as long as they bear a rational relationship t thier objective. If a law encroaches upon civil liberties or classifies individuals, using certain criteria, it is held to a higher standard. (pg 62)

Part of the Fourteenth Amendment to the U.S. Constitution: provides that no state shall deny a person the equal protection of the laws. The Fifth Amendment to the U.S. Constitution has been interpreted to extend the same limitation to the federal government. (pg 86)

Doctrine that requires Congress to provide agenies with legitimate, comprehensible guidelines to limit the authority of the agency when exercising delegated rulemaking authority. (pg 112)

A set of rules or guidelines from which an agency or person must work. (pg 112)

Anew; to reconsider. A standard of review that does not require deference to an agency's decision. (pg 124)

Rulemaking on the record. (pg 145)

Discussions between a judge or agency official who is conduting a hearing and a party about the matters under consideration, helt in a location where, or in such a manner that, other interested persons cannot participate. (pg 147)

"Notice and comment" rulemaking. (pg 148)

Full immunity from prosecution for all crimes evinced by the information compelled by the government. (pg 167)

An incomplete immunity. The information compelled by the government and evidence derived thereform may not be used to prove a person's guilt; independent evidence, however, may be used to prove guilt. (pg 167)

An incomplete immunity. The information provided may not be used to prove a person's guilt; however, independent evidence and evidence derived from the compelled testimony may be used. Use immunity is not constitutionally adequate. (pg 167)

A court order directing that a search, seizure, or arrest occur. It is issued on a showing of probable cause, supported by oath and affirmaation, particularly descibing the place to be searched and/or the persons or things to be seized. (pg 170)

An industry that is subject to significant licesing, reporting, disclosure requirements, inspections, required operationg procedures, and other regulations is closely regulated. Nuclear power plants, restaurants, firearms sales, and liquor sales are examples of closely regulated businesses. (pg 187)

Directives to a person or organization to appear to testify or to appear with specified documents. The latter is a subpoena duces tecum. (pg 190)

Process whereby a nonparty to a case becomes a party by claiming that he or she has interest in the outcome of the case. (pg 199)

Latin for "friend of the court's"; a person or group that is not a party but is nevertheless allowed to file a brief with the court to express a particular opinion or point of view. (pg 202)

Lawsuit brought by one person or a few persons on behalf of many others with similar interests. (pg 202)

Pretrial process whereby the parties exchange information about the case. (pg 202)

Set of questions propounded by one party and seved on the other(s); must be responded to in writing. (pg 204)

Oral testimony given under oath but not in court. (pg 204)

Formal requests that a party provide specified documents. (pg 204)

Written statements propounded by one party that must be responded to by the other party, by either admitting, denying, or objecting to each statement. (pg 204)

Federal statute that requires government employees responsible for prosecuting a case to disclose a witness's prior statments to the othe parties after the witness has testified. (pg 204)

Binding agreement between the parties concerning a paarticular matter. (pg 204)

Declarant's statment, made out of court, that is offered to prove the truth of the matter asserted. (pg 206)

Legal doctrine stating that although agency decisions may be based in large part on evidence that would be inadmissible in court, an agency's decision may not be based entirely on such evidence; a minimal "residuum" of compentent evidence must support the agency's determination. (pg 207)

Doctrine holding that evidence obtained unconstitutionally or illegally is inadmissible in criminal case. The rule applies in come, but not all, administative proceedings. (pg 209)

Latin for "on a court's own initiative." (pg 211)

A presiding officer's declaration that a fact is ture without any proof of that fact being offered. (pg 211)

Consists of two aspects: the burden of production, which concerns who in a proceeding has the duty to produce evidence or raise and issue; and the burden of persuasion, which concerns who in a proceeding has the duty of persuading the trier of fact that its position is correct. (pg 212)

Standard of proof that is met when the trier of fact believes that what is asserted is more likely ture than not. (pg 212)

Disqualification of a judge of hearing officer because of interest or bias. (pg 218)

Judge-made rule that permits one who would not normally be qualified to preside over a case, because of personal interest or bias, to preside when no other qualified individual is available to do so. (pg 220)

One of two means to establish federal court jurisdiction. A claim arising under the Constitutuion or laws of the United States is a federal question. The other means of acquiring federal jurisdiction through diversity of the paries. (pg 232)

Common law writ issued by a superior tribunal to an inferior tribunal requiring the inferior tribunal to produce a record or file so that review may be conducted. (pg 233)

Latin for "we command." Common law writ issued by a superior tribunal to an inferior tribunal or persons requiring that some action be taken. Normally, the writ can only compel that ministerial acts be taken. (pg 233)

Latin for "you have the body." Common law writ issued by a court to a custodian of a person to bring the prisoner before the court to determine the lawfulness of the imprisonment. (pg 233)

Common law writ issued by a court to an inferior tribunal or person prohibiting the recipient from taking some act or hearing some case. (pg 233)

Requirement that a person who brings a lawsuit have a personal interest in the case. (pg 239)

lawsuit brought by a citizen against one who has defrauded the government. The citizen who brings a qui tam action is entitled to keep a portion of the proceeds of the lawsuit. (pg 245)

A judicially reviewable agency action. (pg 251)

Requirement that disputes between private parties be raised in an administrative forum before being filed in court if an administrative agency has jurisdiction over the issues in dispute. (pg 251)

Standard of review that allows the reviewing court to judge a case anew with no deference accorded to the agency's factual findings. (pg 264)

Standard applied on review; requires a court to affirm an agency decision if a reasonable person could have reached the same conclusion as the agency did. (pg 264)

Deferential standard under which agency actions are presumed valid and are affirmed if supported by any rational basis. (Pg 265)

Latin for "a matter adjudged." Doctrine that precludes a party from relitigating a final judgment on the merits issued by a competent court or administrative tribunal. (pg 274)

Doctrine that prevents relitigation of an issue that was decided in a prior case. Collateral estoppel bars relitigation of issues that are part of claims, whereas res judicata bars entire claims. (pg 275)

Doctrine that prevents a party from asserting a particular defense or raising a particular issue because it is unfai to allow the party to do so. (pg 277)

Common law doctrine that prohibits a party from raising a right or claim when the party's delay in asserting the right to claim has prejudiced an adverse party. (pg 278)

Federal disclosure statute requiring that information held by the government be made available for public review unless one of nine statutory exceptions applies. (pg 282)

In chambers or in private. A hearing is in camera if conducted outside the precence of the public, such as in the judge's chambers or in a courtroom from which all spectators have been excluded. (pg 297)

Federal statute requiring that certain private information held by the goverment not be disclosed. (pg 299)

Doctrine holding that the government is immune or free from liability. (pg 316)

Latin term meaning "parent of his country." Used when a government acts on behalf of an individual. (pg 327)

A very small award to a plaintiff who proves his or her case, but does not prove actual damages. The amount of the award is often only $1.00 or $10. (pg 333)

Award to reimburse a plaintiff for proven injuries. There are two types of compensatory damages in Section 1983 litigation: special and general. (pf 333)

Form of compensatory damages; reimburses plaintiffs for actual out-of-pocket injuries, such as medical expenses. (pg 333)

Form of compensatory damages; intended to compensate plaintiffs for pain and suffering, humiliation, and other related injuries. (pg 333)

Award intended not to compensate a plaintiff but to punish (or deter similar future conduct by) the defendant. (pg 334)

Declaration by a court of the rights, obligations, and legal relations between parties. (pg 334)

Form of equitable relief; an order of a court requiring someone either to take some action or to refrain from acting. (pg 334)

Tranferred from a state court to a federal court. The process of so transferring a case is known as removal. Any civil action over which district courts have original jurisdiction and that is founded on a claim or right arising under the Constitution, treaties, or laws of the United States may be removed. (pg 335)

Power of a federal court to hear state law claims that are related to an underlying federal law claim. Pendent jurisdiction is an exception to the rule that prohibits federal courts from hearing state cases. (pg 335)

The termination of a case; being thrown out of court. (pg 336)

Judgment granted when no genuine issue of fact exist and a party is entitled to the judgment as a matter of law. (pg 336)

Freedom from being sued for performing certain functions. (pg 337)

Freedom from liability for performing certain functions. (pg 337)

Doctrine holding the public officials are absolutely immune from common law tort actions for the performance of discretionary functions. (pg 345)