LAW 231 Missouri State (Philips)

-Courts generally hold that Article I of the U.S. Constitution is the basis for all administrative law. - The delegation doctrine holds that Article I grants Congress the authority to delegate some of its powers by establishing administrative agencies. - All administrative agencies taken together are considered the bureaucracy of the federal government. - The president has the power to appoint federal officers and also the power to veto enabling legislation.

- Congress can abolish an agency all together if it wishes. - Congress can limit the power of federal agencies through its funding authority. - Congress has the power to "freeze" the enforcement of most federal regulations before they take effect. - The judicial branch exercises control over agency powers through the courts' review of agency actions.

Courts historically have granted deference to an administrative agency's judgment . The Court's decision in the Chevron case created a new standard for courts to use when reviewing agency interpretations of law.

- In the Chevron case, the United States Supreme Court created a standard of broadened deference to agencies on questions of legal interpretation . - Such deference seems appropriate when applied to an agency's analysis of factual questions.

An independent regulatory agency is usually run by what?

A commission or board

One of the major EXCEPTIONS to the doctrine of sovereign immunity is made when?

A nation takes actions in connection with commercial activity in the U.S. or that have a direct effect

What happens when substantial changes occur to a proposed rule because of public comments?

A new proposal and a new opportunity are required

The circumstances under which a person can be criminally negligent involve?

A person consciously disregards a substantial and unjustifiable risk.

The New Chevron Standard for Courts When Reviewing Agency Interpretations of Law

A. Did Congress directly address the issue in dispute in the statue? If so, the statutory language prevails. B. If the statute is silent or ambiguous, is the agencies interpretation reasonable? If it is, a court should uphold the agency's interpretation even if the court would have interpreted the law differently.

The Arbitrary and Capricious Standards

A. Faled to provide a rational explanation for its decision. B. Changed its prior policy without justification C. Considered legally inappropriate factors D. Entirely failed to consider a relevant fact E. Rendered a decision plainly contrary to the evidence

The law that specifies the procedural requirements that all federal agencies must follow in their rulemaking, adjudication, and other functions is the?

Administrative Procedure Act

Which tort provides a basis for a criminal prosecution as well as for a tort action?

Battery

Federal administrative agencies are created by?

Enabling legislation passed by Gongress

After the Chevron case, all of those involved in rulemaking by administrative agencies accepted that decision without discussion. TRUE OR FALSE?

FALSE

All cabinet departments of the executive branch are included in independent regulatory agencies. TRUE OR FALSE?

FALSE

An individual who has been the subject of a crime can prosecute the alleged criminal. TRUE OR FALSE?

FALSE

Because a corporation is a legal entity and not a person, there can never be corporate criminal liability. TRUE OR FALSE

FALSE

The United States is one of the nations with a legal system based on civil law. TRUE OR FALSE

FALSE

The major function of today's federal agencies is adjudication. TRUE OR FALSE?

FALSE

Executive agencies are often referred to as what?

Fourth branch of government

One of the basic difference between a common law and a civil law legal system is that?

Judges in civil systems often actively question witnesses

In Latin, a wrongful mental state is known as?

Mens rea

Does an agency involved in rulemaking need to respond to all comments during the comment period?

No, the agency only must respond to any significant comments that bear directly on the proposed rule.

Venezuela passes a law stating that no dollars are allowed to enter the country, such that Americans traveling to Venezuela have to exchange their dollars for Venezuelan's domestic currency at any border crossing. Natalie, a U.S. citizen, files a lawsuit against Venezuela in a U.S. court challenging the legality of this law. Natalie will most likely:

Not prevail because of the act of state doctrine

When an agency formally creates a new rule, its first step is to?

Publish a notice of the proposed rulemaking proceeding in the Federal Register

Under which Doctrine, may a court impose criminal liability on a corporate officer who knew about a given criminal violation?

Responsible Corporate Officer Doctrine

Criminal negligence can occur when a defendant was not aware of the risk, but ?

Should hav been aware of it

A physical attack can be a tort or a crime or both. TRUE OR FALSE?

TRUE

Generally, for a criminal act to have occurred, a person must have committed the guilty act and had a wrongful mental state. TRUE OR FALSE?

TRUE

If an agency failed to follow proper rulemaking procedures when it issued the final rule, the rule may not be binding. TRUE OR FALSE

TRUE

International law can be defined as a body of law, formed as a result of international customs, treaties, and organizations, that governs relations among or between nations. TRUE OR FALSE

TRUE

Many of the over 4,000 federal criminal offense do not require a specifically wrongful mental state. TRUE OR FALSE?

TRUE

The Federal Register is a daily publication of the executive branch that prints (and offers online) government orders, rules, comments, and regulations. TRUE OR FALSE?

TRUE

When regulated groups oppose a rule adopted by an agency, they can bring a lawsuit arguing that the rule was not authorized by the enabling statute. TRUE OR FALSE?

TRUE

A major difference between international law and national law is?

That government authorities enforce national law.

Comity

The deference one nation shows for the laws and judicial decrees of another nation

Confiscation

When a country's government seizes privately owned property of foreign investors without paying just compensation

The main difference between independent regulatory agencies and executive agencies is?

executive agencies are subject to the authority of the president to a greater degree than are independent regulatory agencies.

How many multilateral and bilateral treaties is the U.S a member of?

more than 100

Landers, Inc., an American company, agrees to sell copper electric cables to a state-owned company in Ecuador. Landers was given specific manufacturing requirements and had to invest in new machinery to meet them. Once the order was processed, the Ecuadorian electric company repudiated the contract, claiming immunity under the Foreign Sovereign Immunities Act (FSIA). Nonetheless, Landers might prevail in court because?

of the exception to the FSIA concerning national governments engaging in strictly commercial activities.