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26 Cards in this Set
- Front
- Back
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Sources of law |
United States Constitution. Three branches of government. Legislative, creates laws. Judicial, interprets laws. Executive, enforce laws |
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Judicial branch |
Case law. Interpretation of law, statutes. Ascertain Congressional intent. |
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Judicial branch, common law |
No statute. Judges creates law to solve problem. Ruling of Judge sets precedent. Judges usually follow precedent. Very few environmental laws |
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Executive branch |
Influence legislature / rulemaking. Vito. Make treaties. Executive orders, orders to federal agencies. Appoint leaders of agencies, EPA, DOI. Appoint judges |
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Administrative law |
Environmental law is a branch of administrative law. Laws overseen by agencies. Specific regulations are established by agencies |
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Administrative agencies |
Not in US Constitution. Created by legislative branch, Congress creates most administrative agencies through statutes, enabling legislation. |
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Congress delegated authority through enabling legislation |
Make rules, legislative. Investigate potential violations, executive. Decide disputes, judicial |
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Example of Delegation to agency |
EPA, Environmental Protection agency. Clean Air Act . sets rules for emissions. Inspect plants for violations. Decide on penalties, administrative law judge |
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Reasons for administrative agencies |
Staffed with experts in the field. Not Elected, supposedly not influenced by politics. Act more swiftly than Congress |
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Rulemaking part 1 |
Agency employees, in consultation with those potentially affected by the proposed rule, draft a proposed regulation |
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Roll making part 2 |
Proposed regulation is published in the Federal Register |
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Rulemaking part 3 |
Members of the general public submit comments to the agency |
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Rulemaking part 4.1 |
Final rule is published in the Federal Register with statement of purpose and date of effectiveness |
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Rulemaking part 4.2 |
Agency redraft the rule in response to public comments and the process begins again with part 2 |
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Sources of law |
Legislative, statutory law. Judicial, case law, common law. Executive, treaties (federal only), executive order. Administrative agencies, regulations. |
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Federal system |
Interlocking system, federal, state, local. Allows States / local governments to enact more stringent laws. Avoid excess pressure at local / state level |
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Classification of law |
Common law, disputes between private parties settled by a judge, torts. Statutory law, statutes developed by legislative branch, criminal law, civil law |
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Classification of statutory law |
Criminal law, statutes that prohibit wrongs against state or Society in general, murder, arson, rape, dumping of waste. Punish or deter Acts. Imprisonment / fines |
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Classification of Sagittarius law part 2 |
Civil law, regulates relations between individuals, property, bankruptcy, contracts. Right or wrong / deter similar wrongs. Finds / redress wrong |
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Criminal law |
Public offense. Penalty, prison / death / fines. Enforcement belongs to state. Government usually does not appeal. Fines go to the state |
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Civil law |
Civil or private wrong. Monetary damages. Individual bring suit. Both parties can appeal. Damages go to individual |
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Torts, common law |
Private wrong. Every adult is obliged to avoid causing harm, acts of commission or omission. |
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Torts, nuisance |
Unreasonable interference with you / enjoyment of another person's land |
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Parts, trespass |
Invade property, right, or person without consent. |
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Torts negligence |
Act or omit causing injury to person or property |
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Public policy, not statute |
Agenda-setting, public brings issue to the attention of government. Identify problem. Alternative Solutions. Negotiate. Implementation |
