Common Law, Statutory Law and Administrative Law and Constitutional Law

This says states may regulate commerce in its own borders

Commerce Clause

__ regulates commerce with other nations and between different states; each state regulates commerce within its own borders

Congress

____ can create and enact legislation, impose taxes, spend money, create copyrights, support the military and declare war

Congress

state level examples of agencies

DMV or VDH

part of executive branch, under the control of the President; usually support the President's policies

Executive Federal Agency

the FBI, Nuclear Regulatory Commission, IRS, and FDA are all examples of the

Executive Federal Agency

this rule says the courts must use the common sense definition of words

Plain Meaning Rule

the President has control over agencies through political pressure and through nominations of agency heads

Political control

the government must go through procedures to ensure that the result is fair, the process due is in proportion to what the government is trying to take from the person

Procedural Due Process

this is a rule that says the courts will use accepted social policies such as reducing crime or providing education to interpret a law

Public Policy

a __ or __ (members of Congress) can initiate a bill or proposed law

Senator, Representative

The enabling legislation that created the agency places controls on it through requirements and restrictions

Statutory control

this says that Congress may regulate any activity which has a substantial economic effect on interstate commerce

Substantial Effect Rule

some rights (voting, speech, travel, privacy) are so fundamental that the government may not take them at all

Substantive Due Process

states that the Constitution, federal statues, and federal treaties are the supreme law of the land

Supremacy Clause

Who are the appellate courts?

Supreme Court, Court of Appeals, Circuit courts

this allows any citizen to request info from an agency

The Freedom of Information Act (FOIA)

when the government takes private property for public use, it must pay a fair price

The Takings Clause

means to hold a hearing, then decide how to proceed with an issue, a decision is made on that issue

adjudicate

federal courts hear civil and criminal cases within their jurisdiction

adjudication

two key functions of federal courts

adjudication and judicial review

in __ law, federal agencies such as the Federal Aviation Agency (FAA) and the Federal Trade Commission (FTC) and the Bureau of Land Management have the power to make regulations

administrative

You have an __ duty to help family or a therapist

affirmative

Agencies exist at __ levels of government

all

laws or ordinances can be enacted at __ levels of government

all

The three sources of law:

common, statutory, administrative

why are bills proposed?(3rd reason)

criminal law

An agency is created when Congress passes __ __, which describes a problem and defines the agency's powers

enabling legislation

in this rule making they must hold a public hearing before establishing the rule

formal

agencies were and are created to __ __ __

fulfill a need

in this rule making the proposed rule must be published and the public are allowed to comment

informal

two types of rule making:

informal and formal

___ scrutiny: gender. gov classifications are sometimes upheld

intermediate

these rules do not change the law; they define or apply laws to new situations

interpretive

common law is also called ___-made law

judge

federal courts can declare a statute or govnermental action unconstitutional

judicial review

these rules require businesses and people to act a certain way; have the effect of a Congressional statute

legislative

the two types of rules are:

legislative and interpretive

Good samaritan laws limit the __ of a person who does aid a person in peril

liability

___ scrutiny: economic and social relations; gov actions that classify people or corporations on these bases are almost always upheld

minimal

a legal search of a business, in order to take evidence of wrongdoing

search and seizure

common law is based on __ __ meaning "let the decision stand"

stare decisis

___ law is legislation that is passed by either a state legislature or the Congress of the United States

statutory

citizens who vote have some control over __ law

statutory

most new law is ___

statutory

___ scrutiny: race, ethnicity, and fundamental rights, classifications based on any of these are the almost never upheld

strict

an order to appear at a hearing and produce evidence, sometimes documents

subpoena

this prohibits agencies from giving information about an individual to other agencies without consent, there are some exceptions

the Privacy Act

local level example of agency

the building inspector

why are bills proposed?(2nd reason)

unpopular judicial rulings

throughout history, the Supreme Court has __ in its level of judicial activism vs judicial restraint

varied

the __ __ __ regulates agencies, in an attempt to reduce controversy

Administrative Procedure Act

___ __ establishes Congress with two houses and gives Congress powers

Article I

___ __ defines the powers and responsibilities of the President, in general he is to enforce the nation's laws

Article II

___ __ creates the Supreme Court and permits Congress to create lower federal courts

Article III

National Labor Relations Board, Federal Trade Commission (FTC), Federal Communications Commission (FCC), Environmental Protection Agency (EPA), and the Securities and Exchange Commission are all examples of the

Independent Federal Agency

Not part of executive branch; President does not have the power to fire the head of the agency

Independent Federal Agency

why are bills proposed?(1st reason)

new issues or worries

under common law, bystanders have __ __ to assist a victim in an emergency

no obligation

state law prevails only when there is __ opposing federal law and __ exclusive federal control

no, no