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| A body of law that defines the powers, limitations, and procedures of administrative agencies |
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| Adminstrative Procedures Act |
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| A comprehensive statute governing the procedures that agencies must follow when performing their functions, enacted federally in 1946 |
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| Administrative agencies responsible for promoting the general welfare of the people. Such agencies' missions oftern include providing services or cash distributions to persons who qualify for assistance |
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| Administrative agencies responsible for proscribing or requiring certain behavior, determining compliance with the law, and prosecuting (and sometimes punishing) those who violate the law |
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| Administrative agencies that provide special, nonredistributive services like research |
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| Granting permission to engage in or practice certain professions, occupations, or trades, and admin. agencies can be put in charge of conducting this by setting standards and administering tests. This power usually comes along with the power to discipline and oversee the licensed |
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| The ability to set the rates that may be charged by members of a certain industry, like utilities, often delegated to admin. Agencies |
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| Its head answers to the president and serves at the pleasure of the president |
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| It's to some degree independent from the president, often collegial bodies with staggered terms |
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| Division of governmental power between state and local governments |
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| Both the states and the federal government are sovereign with both different and concurring jurisdictions |
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| Authority to reglate for the public welfare, usually held by state governments in US |
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| recognizes both state and federal governments, but state authority only is where federal authority isn't |
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| Necessary and Proper Clause |
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| Found in Article I, §8, cl. 18: gives Congress the power to enact all laws necessary and proper to carry out its eneumerated powers |
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| Says properly-enacted federal laws are superior to all state and local laws |
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| Article I, §8, cl. 3: Congress has the ability to regulate interstate commerce, commerce w/ foreign nations, and indigenous tribes |
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| Some subjects may be exclusively federal although concurrent jurisdiction initially existed because of their national character; sometimes expressed, sometimes implicit |
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| A state can't excessively burden interstate commerce even if Congress hasn't regulated the subject |
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| close, collaborative relationship between federal and state governments for a common objective, while playing the jurisdictional boundaries a bit more loosely |
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| written law of a legislative body |
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| created the federal civil service |
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| mechanism used by Congress to invalidate administrative actions, falls short of Constitutional method of making law |
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| executive can remove individual expenditures from an approved budget |
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| Acting outside scope or legal limit, exceeding statuory mandates |
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| Minimum proceedural steps a government must take before taking life, liberty, or property, often includes right to notice and a fair hearing |
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| Requirement tat the laws be related to the purpose intended, or that the sovernment has some reason for the regulation. If a law encroaches upon civil liberties or classifies individuals, it's held to a higher standard |
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| Part of 14th Amendment, extends due process to the states |
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| Doctrine that requires Congress to provide agencies with legitimate, comprehensible guidelines to limit the authority of the agancy when exercision delegated rulemaing authority |
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| A set of rules or guidelines from which an agency or person must work |
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| anew, to reconsider. A standard of review that doesn't require deference to an agency's decision |
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| Discussions between a judge or agency official who's conducting a hearing and a party about the matters at hand at or in a way that other interested persons can't participate |
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| "notice and comment" rulemaking |
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| Federal statute that requires agancies to submit new rules to Congress for review by Congress |
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| Full immunity from prosecution for all crimes evinced by info compelled by government |
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| Incomplete: info compelled by government and evidence therefrom are immune, but not independent evidence |
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| incomplete: info may not be used to prove a person's guilt, but independent evidence and compelled testimony can. Not constitutionally adequate |
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| Court order directing occurrence of search, seizure, or arrest. Must be based on probable cause and specificity |
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| Closely Regulated Business |
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| Industry that's subject to significant licensing, reporting, disclosure requirements, inspections, required operating procedures, etc. See nuclear power, restaurants, firearm sales, and liquor sales |
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| Directives to a person or organization to appear to testify or to appear with specified documents (subpoena duces tecum) |
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| nonparty becomes a party by claiming that he or she has an interest in the outcome of the case |
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| "friend of the court": nonparty person or group but allowed to file one of these to express a point of view or opinion to the court |
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| Lawsuit brought by one/few person/s on behalf of many with similar interests |
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| Pretrial process where the parties exchange information abou the case |
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| Sets of questions propounded by one party and served on the other(s); must be responded to in writing |
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| Oral testimony given under oath, but not in court |
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| Requests for Production of Documents |
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| Formal requests that a party provide specified documents |
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| Written statements from one party that must be responded to by the other party, by either confirming, denying, or objecting to the questions |
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| requires government employees responsible for prosecuting a case to disclose a witness's prior statements to the other parties after the witness has tesitified |
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| Binding agreement between two parties concerning a particular matter |
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| Declarant's statement, made out of court, offered to prove truth of the matter asserted |
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| Although agency decisions may be made in part by evidence that wouldn't be admissible in court, it can't be completely so: residuum of competent evidence |
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| Doctrine holding that evidence obtained unconstitutionally or illegally can't be used in criminal cases. It applies in adminstrative proceedings sometimes, but not always |
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| "on a court's own initiative" |
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| precidin officer's declaration that a fact is true without any proof that it's actually so |
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| Burden of production: who has duty to produce evidence, burden of persuasion: who has duty to presuade trier that its position is correct |
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| Preponderance of evidence |
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| Disqualification of a judge or hearing officer because of interest or bias |
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| Judge-made rule that permits one who wouldn't normally be considered qualified to preside because there's nobody else eligible who's qualified |
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| information held by government must be available unless one of nine exceptions applies |
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| Lawsuit brought by submitters of records to agencies to to prevent disclosure of information |
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| In chambers or in private, outside the presence of the public |
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| statute requiring certain private information held by government not be disclosed |
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