Judicial Review 6010 2015

Front 1

Standing Doctrine

Back 1

Requirement that a person who brings a lawsuit have a personal interest in the case.

Front 2

Judicial Preclusion

Back 2

Courts will not review certain kinds of claims either because a statute or because of common law prohibits it.

Front 3

Primary Jurisdiction

Back 3

Requirement that disputes between private parties be raised in an administrative forum before being filed in court if an administrative agency has jurisdiction over the issues in dispute.

Front 4

Exhaustion of Administration Remedies

Back 4

All administrative remedies must be pursued and exhausted before judicial review is available.

Front 5

De Novo Standard (Repeat from delegation)

Back 5

Standard of review that allows the reviewing court to judge a case anew with no deference accorded to the agency's factual findings.

Front 6

Substantial Evidence Standard

Back 6

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.

Front 7

Abuse of Discretion Standard

Back 7

Deferential standard under which agency actions are presumed valid and are affirmed if supported by any rational basis.

Front 8

Chevron two step test

Back 8

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?

Front 9

Equitable Estoppel

Back 9

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.