Administrative Law
This Act regulates Agencies
What is the Administrative Procedure Act?
They pass statutory law.
Who are legistlators?
The length of time you have to file a lawsuit.
What is the Statute of Limitations?
The reason early Americans made the Articles of Confederation and then the Constitution.
They wanted protections and a decentralized government.
The three areas of Law
What is Litigation/Court Systems, Civil Law Suits, and Alternative Dispute Resolution?
Executive Federal Agency
What is part of the executive branch appointed by the president?
They interpret the Statutes.
Who are the courts?
Four elements needed to win a defamation case.
1. A defamatory statement is made
2. It has to be false.
3. It has to be communicated.
4. There are damages.
One Check between the branches.
What is veto, declaring a law unconstitutional, veto overrides, approving presidential nominations, the budget, or impeachment.
The power to hear a case.
What is Jurisdiction?
This branch of government controls Agencies' funding
What is Congress?
Courts must use the common sense definition of words
What is the Plain Meaning Rule?
Two requirements to detain someone.
1. Must have a reasonable basis.
2. Must restrain in a reasonable manner.
This lays out the powers of Congress.
What is Article 1 of the Constitution?
The Steps in Beginning Litigation.
1. Complaint 2. Answer 3. Counter-Claim 4. Reply
This type of Agency is not subject to nominations by the Presidency.
What is Independent Federal Agency?
Sometimes the court can look to the reasons behind the law to determine the legislator's intent.
The Statute of limitations begins.
As soon as the tort in question ends.
To regulate Commerce with foreign Nation, and among the several states and with the Indian tribes.
What is the Commerce Clause?
This allows both sides to uncover evidence, encouraging a settlement without trial or ensuring few surprises during a trial.
What is Discovery?
One power of the Agencies.
Subpoena, Search and Seizure, and Hearings
The Courts will use accepted social policies, such as reducing crime or providing education to interpret a law.
What is Public Policy?
The different kinds of damages rewarded.
Special Damages: to recover what was lost; hospital bills
General Damages: emotional damages, loss of companionship, pain and suffering, etc
Punitive Damages: intended to punish the offender
This establishes the Supreme Court as the highest court of the land and states that no court below it can overrule its decisions.
What is the Supremacy Clause?
The Difference Between Mediation and Arbitration.
Mediation is having an independent third party help both parties reach an agreement before going to trial. Arbitration is when an independent third party makes the final decision on a case, with no actual trial.