BUS LAW Study Guide 1 Rule Making Procedures people sional and ing Rules that are used to create new regulations for administrative law purposes 1 The public is informed of the proposed rules 2 Next they have to give time usually 90 120 days for comments from the public These ppl could be normal citizens lobbying groups other with interest trade unions etc They have to respond to profes relevant questions in order to strengthen or change their rul 3 Enforcing the Rule usually the proposed rule is what stays if not will be a slightly changed version of the rule If needed they will post their justifications of the rule Once rule is in place they have the right to tell congress they need more money or funding for their ruling If any violations are made a complaint can be made against them in appellate courts B c of the Enabling Statue agencies have certain things they can do if they go outside these capabilities they can be tried The appellate courts can give deference to agen cies b c the agencies are the professionals that made the rule General agency powers Licensing Power no party can enter into a productive activity covered by the act without getting permission from them first Ex cant start up a nuclear power plant with out approval by Nuclear Regulatory Commission Agencies can regulate business practices Responsible for carrying out a specific assignment or reaching a set of goals They are sometimes considered the fourth branch of government Agencies are They are the executive legislative and judicial branch of their agency specialized bodies Arbitrary and Capricious test the absence of rational connections between facts found and choices made no there is no set standard for what constitutes an arbitrary and capricious decision Four general types of laws or sources of law 1 Statutory Law law made by government tells ppl what they can and cant do 2 Constitution tells what government cannot do 3 Administrative Law the bureaucrats define what you can do 450 federal agencies SEC FBI FTC etc 4 Common Law Judge made law Ppl go before a judge decision is based on previous cases decisions Allows judge to make character of social order Difference between substantive and procedure law Procedure Law Substantive Law Deals with what procedures will take place to fig ure out the ruling for the law Set by the Supreme Court they lay out what pro cedures will take place Lays down a guideline to how the Substantive Law can be enforced Statutory Law that is dealt with between people Defines the rights and duties of the people Independent powers decide the fate of the case difference between civil and criminal law Civil everything that isn t criminal Entity v entity individual v individual etc consequences are money for proof a little over 50 Just need a little of majority Criminal person entity v state consequences jail prison death penalty along with money for proof beyond reasonable doubt Absolute Certainty is IMPOSSIBLE you can have unreasonable doubt Service of process starts the trial When a law suit is filed against someone the process is the legal document that usually considered a summons Most preferably is the personal delivery and the court has to have jurisdiction over this case usually just within the state county city etc Five methods of resolving a dispute 1 Litigation Something happens a party feels they have been wronged they want justice Party Files a Case The use of courts and civil justice system to resolve legal controversies 2 Negotiation back and forth communication b w parties PROCESS you may negotiate or hire an attorney to negotiate directly with the other side between the parties 3 Mediation an impartial person helps communication and promotes reconciliation PROCESS mediator helps facilitate both parties have to participate and are responsible for negotiating their 4 Arbitration no back and forth between parties own settlement or agreement PROCESS arbitrator controls the process an impartial person the arbitrator listens to both sides and makes the decision 5 Facilitation the process of designing and running a successful meeting Two general questions an appellate court reviews and how the appellate court treats each Fact Were the facts in the first trial determined correctly Law Were the law in the first trial given correctly Basic judicial requirements that a Court must have in order to decide a matter Standing Jurisdiction Venue Long arm statute A statute that allows for a state court to obtain personal jurisdiction over an out of state defendant on the basis of certain acts committed by an out of state defendant provided that the defendant has a sufficient connection with the state Commerce clause several states Congress has the power to regulate commerce b w foreign Nations or among the Commerce may be limited to trade or exchange of goods b w states any gainful employment any business b w people states etc anything that can give our gov money can be very extreme examples Congress said a women getting beat works in line with the Commerce act a women who is beat up cant go to work and make money later was declared unconstitutional just saying congress doesn t have right to act but the STATE does No person should be subject for the same offense in trial after an acquittal a conviction certain mistrials and any punishment when the judicial branch reviews actions made by legislative and executive they can validate laws and court decisions that may be incompatible with a higher authority such as the constitution a type of checks and balance in the separation of power in common law Judges can create and reject legal principles in civil law judges apply the law Double Jeopardy Judicial Review branch separation of powers 3 separate branch of government legislative Congress passes bills have taxing and spending power controls federal budget has power to impeach and to declare war judiciary Supreme Court determines laws to apply to certain cases determines how congress is meant to apply laws executive President commander in chief may veto laws but can be overridden by 2 3 votes from congress executes spending authorized by congress checks and balances the ability of one branch of government to lift the power of another that way no one branch can become too powerful ex the process of making a law legislature introduces and votes then president decides But his decision to veto can be differed by 2 3 congress vote If the people try this law out and declare it unfair they can