Unit 1: Administrative Law

A judicial or administrative decision so grounded in whim or caprice, or against logic, that it amounts to a denial of justice.

Refers to the decision-making or quasi-judicial functions of an administrative agency, as opposed to the judicial functions of a court.
~ Example: An adjudicatory hearing is a hearing before an administrative agency as opposed to a hearing or trial before a court.

A routine act by a public official, required by law, as opposed to an act based upon a decision involving a degree of choice; a ministerial act.
~ Example: The maintaining of court records by the clerk of court.

A board, commission, bureau, office, or department of the executive branch of government that implements the law, which originates with the legislative branch.
~ Example: The FBI (Federal Bureau of Investigation); a county public assistance office.

The power to choose between courses of conduct in the administration of a public office or in carrying out a public duty.

A hearing before an administrative agency, as distinguished from a hearing before a court.

1.
The body of law that controls the way in which administrative agencies operate.
2.
Regulations and decisions issued by administrative agencies.

A person, generally a civil servant, who conducts hearings held by an administrative agency.

~ Variously referred to as an ALJ, a hearing officer, or a hearing examiner.

The equivalent of judicial notice by an administrative agency; also referred to as official notice.

A statute enacted by Congress that regulates the way in which federal administrative agencies conduct their affairs and establishes the procedure for judicial review of the actions of federal agencies.
~ Also referred to as the APA

Administrative Procedure Act: a statute enacted by Congress that regulates the way in which federal administrative agencies conduct their affairs and establishes the procedure for judicial review of the actions of federal agencies.

A proceeding before an administrative agency, as distinguished from a proceeding before a court.

A remedy that the law permits an administrative agency to grant.

A judicial interpretation of a legal question requested by the legislative or executive branch of government, or by a private individual or corporation.

A reference to the concept in administrative law that permits a court to substitute its judgment for that of an administrative agency if the agency's decision unreasonably ignores the law of the facts of a case.

An apparent legal right; a seeming legal right; the mere semblance of a legal right.
~ Although they may also refer to the activities by private persons, terms such as color of authority, color of law, and color of right generally refer to actions taken by a representative of government.

a right based upon color of authority, color of law, or color of office.

(Latin) Standard of review under which the reviewing body may find the facts and review all issues without deference to the lower body's findings and conclusions.

A judgment that specifies the rights of the various parties but orders nothing. (there is NO binding ORDER)
~ Nonetheless, it is a binding judgment and the appropriate remedy for the determination of an actionable dispute when the plaintiff is in doubt as to his legal rights.

Part of a statute or ordinance that states the need that the legislation was enacted to fulfill, i.e., the statute's purpose. Declaratory provisions often begin with the word "whereas."

A judgment that specifies the rights of the parties but orders nothing.
~ Nonetheless, it is a binding judgment and the appropriate remedy for the determination of an actionable dispute when the plaintiff is in doubt as to his legal rights.

True.

A statute enacted to clarify and resolve the law when the correct interpretation has been in doubt.

1. Provisions of the Constitution by which executive powers are delegated to the executive branch of the government, legislative powers to the legislative branch, and judicial powers to the judicial branch.

2. Delegation of constitutional power by one branch of government to another. Such delegation is permissible only if it is consistent with the principle of separation of powers set forth in the Constitution.

3. The transfer of power from the president to an administrative agency.

an administrative unit within an organization.
~ n. branch, section, office, agency, bureau, unit, division

1. One of the three divisions in which the constitution separates the government of the United States. Used in this sense, the term is synonymous with branch of government.

2. A similar division in state government.

3. An administrative unit within a branch of government.
~ Example: the Department of Justice (DOJ); the Department of Commerce (DOC).

An administrative hearing held to comply with the due process clause.
~ Example: a parole revocation hearing.

Law administered through courts, equally applicable to all, that does not violate principles of fairness. Whether a person has received due process of law can only be determined on a case-by-case basis.
~ In ALL criminal cases, however, it involves at the very least, the right to be heard by a fair and impartial tribunal, the defendants right to be represented by counsel, the right to cross-examine witnesses against him, the right to offer testimony on his own behalf, and the right to have advance notice of trial and of the charge sufficient in detail and in point of time to permit adequate preparation for trial. due process requirements for criminal prosecutions are considerably more rigorous than those for civil cases.
~ "Due process of law" is guaranteed by both the Fifth Amendment and the Fourteenth Amendment.

A statute that gives the governance the power to enforce other legislation or that carries out a provision of a constitution.

A federal agency whose purpose is to prevent and remedy discrimination based on race, color, religion, national origin, age, or sex with respect to most aspects of employment, including hiring, firing, promotion, and wages.
~ The commission, which is known as the EEOC, enforces many federal Civil Rights Acts and anti-discrimination statutes.

Pertaining to the administration or enforcement of the law.
~managerial, presidential, official, administrative

1. A person who enforces the law. As distinguished from a person who makes the law or a person who interprets the law.

2. A person who manages or administers.
~ chief, supervisor, boss, director, chairperson, president