Business Law Ch 4 TCU Mackenzie

Stare Decisis

"Let the decision stand," that is, the ruling from a previous case

Informal Rule making

"notice and comment". Public comment period. Agency uses the public's comments to publish the final law

Bills

A proposed statue submitted to Congress or a state legislature.

Precedent

An earlier case that needed the issue

Judicial Review

An individual or corporation directly harmed by an administrative rule, investigation, or adjudication many generally have that action reviewed in federal court.

Creating a Law

Congress passes a law --> President signs it= law. Congress passes a law --> President vetoes --> Congress 2/3 vote= law

Formal Rule making

Congress requires agency to hold a hearing. Perform a formal, written response to everything that occurred at the hearing. Give public access and formulate sound policy.

Enabling Legislation

Describes the problems that Congress believes need regulation, establishes an agency to do it, and defines the agency's powers.

Administrative Law

Government Agencies that are responsible for certain industries. Put in charge by Executive Branch.

Statutory Interpretation

How a statue is interpreted

Legislative History and Intent

If the language is unclear, the court must look deeper. The court will look at the law's history.

Public Policy

If the legislative history is unclear, courts will rely on public policy.

Freedom of Information Act

It is designed to give citizens, businesses and organizations alike, access to the information that federal agencies are using

Common Law

Judge-made law

Changing Times

Make sure the laws they are overseeing are relevant to the times

Reasons Bills are passed

New issue, Unpopular Judicial Ruling, Criminal Law

Executive Agencies

President can fire the head of the agency at any time. They will rarely go against the president's policies.

Subpoena duces tecum

Requires the person to appear and bring documents. Subpoenas must be relevant, not be too burdensome, and not be privileged.

Subpoenas must be....

Subpoenas must be relevant, not be too burdensome, and not be privileged.

Veto

The power of the precedent of the president to reject legislation passed by Congress.

Independent Agencies

The president has no such removal power against them.

Administrative Law Judge

There is no jury. An ALJ is an employee of the agency but is expected to be impartial in their rulings

Promulgate

To create a new rule. Legislative and Interpretive

Plain meaning rule

When a statue's words have ordinary, everyday significance. The words are straight forward.

Bystander's Obligation

You have no duty to assist someone in peril unless you created the danger.

Adjudication

a case is to hold a hearing about an issue and then decide it.

Subpoena

is an order to appear at a particular time and place to provide evidence