Chapter 1 Flashcards
When Congress creates enacts an agency’s enabling legislation, what does it thereby confer to said agency?
When Congress enacts an agency’s enabling legislation, it confers the power to make legislative rules, or substantive rules, which are legally binding on all businesses.
What act checks the powers of enabled agencies?
The Administrative Procedure Act (APA) imposes strict procedural requirements that agencies must follow in legislative rulemaking and other function
What are interpretive rules in administrative agencies?
Administrative agencies also issue interpretive rules that are not legally binding but simply indicate how an agency plans to interpret and enforce its statutory authority. T
How do agencies enforce and investigate violations of their rules?
Agencies often enforce their own rules and have both investigatory and prosecutorial powers. Agencies investigate a wide range of activities, including coal mining, automobile manufacturing, and the industrial discharge of pollutants into the environment.
How do agencies adjudicate?
Agency adjudication involves a trial-like hearing before an administrative law judge (ALJ). Hearing procedures vary widely from agency to agency. After the hearing, the ALJ renders a decision in the case. The ALJ can fine the charged party or prohibit the party from carrying on some specified activity.
What are the stages of appeal one goes through when an administrative law is violated?
Either the agency or the charged party may appeal the ALJ’s decision to the commission or board that governs the agency. If the party fails to get relief there, appeal can be made to a federal court.
What is a concern with the extent of administrative agencies’ powers?
Administrative agencies, such as the Federal Trade Commission, combine in a single governmental entity functions normally divided among the three branches of government. They create rules, conduct investigations, and prosecute and pass judgment on violators. Yet administrative agencies’ powers often go unchecked by the other branches.
Stare decisis
The practice of deciding new cases with reference to former decisions, or precedents, eventually became a cornerstone of the English and U.S. judicial systems. The practice forms a doctrine called stare decisis
What are binding authorities?
s. A binding authority is any source of law that a court must follow when deciding a case. Binding authorities include constitutions, statutes, and regulations that govern the issue being decided, as well as court decisions that are controlling precedents within the jurisdiction.
What are cases of first impression?
Occasionally, courts must decide cases for which no precedents exist, called cases of first impression.
Persuasive authorities
Any legal authority or source of law that a court may look to for guidance but need not follow when making its decision.
What does IRAC stand for?
IRAC is an acronym formed from the first letters of the words Issue, Rule, Application, and Conclusion.
What is equity law?
Equity is a branch of law—founded on notions of justice and fair dealing—that seeks to supply a remedy when no adequate remedy at law is available. Even though courts of law and equity have merged, the principles of equity still apply, and courts will not grant an equitable remedy unless the remedy at law is inadequate.
What is an injunction, a rescission, and specific performance.
Injunction: directing a party to do or refrain from doing a particular act.
Rescission: cancellation) of the contract, thereby returning the parties to the positions that they held prior to the contract’s formation
Specific performance: an order to perform what was promised.
What are the most significant equitable maxims?
Here are some of the most significant equitable maxims:
Whoever seeks equity must do equity. (Anyone who wishes to be treated fairly must treat others fairly.)
Where there is equal equity, the law must prevail. (The law will determine the outcome of a controversy in which the merits of both sides are equal.)
One seeking the aid of an equity court must come to the court with clean hands. (Plaintiffs must have acted fairly and honestly.)
Equity will not suffer a wrong to be without a remedy. (Equitable relief will be awarded when there is a right to relief and there is no adequate remedy at law.)
Equity regards substance rather than form. (Equity is more concerned with fairness and justice than with legal technicalities.)
Equity aids the vigilant, not those who rest on their rights. (Equity will not help those who neglect their rights for an unreasonable period of time.)
