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9 Cards in this Set
- Front
- Back
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Standing Doctrine |
Requirement that a person who brings a lawsuit have a personal interest in the case. |
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Judicial Preclusion |
Courts will not review certain kinds of claims either because a statute or because common law prohibits it. |
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Primary Jurisdiction |
If a claim could be heard in a court or agency, if primary jurisdiction applies to that kind of claim, the claim must be heard in the agency before it can be heard in court. |
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Exhaustion of Administration Remedies |
All administrative remedies must be pursued and exhausted before judicial review is available. It could also mean if you start in the courts you must stay within the court system and cannot jump into the agency appeals process. |
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De Novo Standard (Repeat from delegation) |
A standard of review that allows the reviewing court to judge a case anew with no deference accorded to the agency's factual findings. |
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Substantial Evidence Standard |
Standard of review that requires a court to review the entire record and affirm an agency decision if a reasonable person could have reached the same conclusion as the agency did. This is different than a reasonable standard because now an agency must not only give a good reason why a rule must promulgated. But they must also have a reasonable argument as to why opposing arguments were not winning arguments. |
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Abuse of Discretion Standard |
Deferential standard under which agency actions are presumed valid and are affirmed if supported by any rational basis. Very similar to "rational standard" in Constitutional cases. |
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Chevron two step test |
Test to decide if agency has authority: 1. Has Congress explicitly delegated the authority to an agency? 2. If not explicit, is agency's interpretation of that authority, reasonable? |
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Equitable Estoppel |
Doctrine that prevents a party from asserting a particular defense or raising a particular issue because it is unfair to allow the party to do so. |
