Legal and Administrative Flashcards
Abate
Put an end to; to do away with; to void
Arraignment
Appearance of defendant in court to answer allegations against him and to enter plea
Discovery
Process of obtaining facts or documents from a party which has exclusive knowledge of or in possession of
Malfeasance
Doing something a person should not do; official misconduct
Misfeasance
Doing wrongfully; the wrongful exercise of lawful authority
Nonfeasance
Failure to perform an act that is required by law
Malfeasance
The commission, by a public official, of an act that is harmful, legally unjustifiable, or against the law.
Misfeasance
Doing something wrong by mistake, error or negligence
Nonfeasance
Failure to act when under an obligation to do so
Administrative agencies carry out statutory mandates in four ways
- Administering programs
- Overseeing enforcement; performing inspections
- Make Rules; develop regulations that meet law requirements,
- Adjudicating noncompliance; internal hearing before an agency official acting in the capacity of an admin law judge with out a jury
Police Power
Main source of a State’s authority
Home Rule
- At State level, all governmental authority originates with State government
- States authorize local government entities to exercise governmental authority on the local level either by:
a. Direct delegation of authority (no choice)
b. Local authority option (home rule)
5th Admendment
Due Process
No person shall be deprived of life, liberty, or process without…
…due process of law.
Basic components of due process?
Fairness
- Notice: laws must be clearly written and understood
- Provide an opportunity to be heard
a. Challenge an agencies actions
b. Opportunity to challenge the action before a license is revoked (except in IDLH conditions).
