Essay portion for exam 2 Flashcards
what is the difference between rule making and order making?
rule making affects the general population where order making affects an individual
What are the advantages of rule-making?
It’s faster, more flexible, allows for public input, and sets broad policy efficiently.
What are the disadvantages of rule-making?
Less due process protections; may impact individual rights without hearings.
What are the advantages of order-making (adjudication)?
Greater due process, individualized decisions, and flexibility in applying rules to specific facts.
What are the disadvantages of order-making?
Slower, more resource-intensive, and less public participation.
When must an agency hold an order-making hearing instead of just making a rule?
When individual rights or property interests are at stake—due process requires a hearing.
What did Bi-Metallic v. State Board of Equalization (1915) establish?
Agencies don’t have to provide hearings for general policy decisions affecting large groups.
What did Goldberg v. Kelly (1970) establish?
Individuals must get a hearing before termination of benefits—benefits are considered a right, not a privilege.
Who conducts agency adjudications?
Administrative Law Judges (ALJs) and other administrative adjudicators.
What are the basic due process requirements in agency adjudications?
Notice, opportunity to be heard, cross-examination, access to counsel, impartial decision-maker, exclusive record.
What was the significance of Mathews v. Eldridge (1976)?
Created a balancing test for due process: private interest, risk of error, and government interest.
Can agencies use hearsay and privileged evidence?
Yes, agencies have flexible evidentiary rules—hearsay may be admissible if reliable; privilege rules vary.
Can agencies use illegally obtained evidence?
Sometimes—exclusionary rule doesn’t always apply; focus is on regulatory compliance, not criminal prosecution.
Why are evidence rules different in agencies than courts?
Agencies prioritize efficiency and administrative goals; not all formal court rules apply.
What did Board of Curators v. Horowitz (1978) decide?
Academic dismissals don’t require hearings; different standards apply than for disciplinary actions.
Where does the right to judicial review of agency decisions come from?
Administrative Procedure Act (APA) §702.
What is a “case or controversy”?
A requirement under Article III of the Constitution that courts only hear actual legal disputes.
What limits access to judicial review of agency decisions?
Ripeness, mootness, exhaustion of remedies, standing, agency discretion.
What is the ripeness doctrine?
Courts require issues to be fully developed before they’ll review them (e.g., Abbott Labs v. Gardner).
What is the exhaustion of remedies doctrine?
Parties must go through all administrative appeal steps before going to court.
What is standing in administrative law?
A party must show a specific injury, caused by the agency action, and likely to be redressed by a favorable decision.
What is mootness?
A case is no longer active or in need of resolution (e.g., DeFunis v. Odegaard).
What is the Deference Doctrine?
Courts defer to agencies’ interpretation of laws and rules due to their expertise.
What is the Hard Look Doctrine?
Courts must rigorously review agency decisions for reasonableness and justification (e.g., State Farm case).
