Legal Research - Legal 1220

Front 1

Administrative Agency

Back 1

The fourth branch of government

Front 2

Who appoints the executives of the agencies?

Can they be removed from office at any time?

What about officials from independent agencies?

Back 2

1. The President, with congressional approval.

2. Yes.

3. They serve a fixed term, and can be removed from office only under certain conditions, with congressional approval.

Front 3

What are some examples of independent agencies:

Back 3

1. FEMA (Federal Emergency Management Agency)
2. Securities and Exchange Commission.
3. Nuclear Regulatory Commission.

Front 4

Are officials of departments appointed or elected?

What else is different than the Federal system?

Back 4

Some are elected.

Some are created by the state constitution, instead of by statute.

Front 5

Can they executive branch make law?

Back 5

No. It cannot enact or promulgate statutes; however, it is influential in the political process of lawmaking.

Front 6

Can administrative agencies make law?

Back 6

Yes. They have extraordinary powers to create rules and regulations that have the force of law.

Front 7

What type of law do these branches make?
1. Legislature
2. Agencies.
3. Judiciary.
4. Executive.

Back 7

1. statutory and codified law.
2. administrative law.
3. case opinions and interpretations of both common and statutory law.
4. orders, executive fiat, and other specialized authority.

Front 8

Where does Statutory law come from?

Back 8

1. State and Federal legislatures that pass bills in a House, Senate, or other chamber.

2. Must be signed by a higher authority; president or governor.

Front 9

What is are session laws?

What are they called at the Federal Level?

Back 9

Chronological compendiums of statutes. They are reported by the date of enactment.

Statutes at Large.

Front 10

What are codes?

What are their names?

Back 10

They organize statutes by subject matter (topically).

2. United States Code, United States Code Service, and the United States Code Annotated

They are codified by subject. All laws that deal with the same topic will be grouped together under the same title, with each major subject having a different title number.

Front 11

What are ordinances?

Back 11

Local governments create them to regulate local concerns such as zoning, local speed limits, and building permits. These are usually organized by subject.

Front 12

What is Administrative law?

1. where does it come from.
2. How do they differ from statute?

3. How are they organized?

4. Where are they published?

Back 12

1. Created by administrative agencies.
2. a. It has to publish the rule and allows a period of public comment. b. hearings are held to afford a public airing of the proposed rule and allow for certain types of challenges and comments.
3. Chronilogically and Topically, regardless of which agency created them.

4. The Federal Register and topically in the Code of Federal Regulations.

Front 13

Do most administrations publish their rules?

Back 13

No.

Front 14

What is the common law?

How are they published?

Back 14

The judiciary opinions on cases brought to trial, either criminal or civil in nature.

Published chronologically in case reporters.

Small summaries of cases also appear topically in case digests.

Front 15

What is the three-tiered structure court system?

Back 15

1. trial court (determine the facts to reach a decision).
2. appellate court (review decision to see if law was correctly applied).
3. supreme court.

Front 16

What are the trial courts called at the Federal Level?

How is it determined?

Back 16

United States District Court.

By population and the geographical size of the state.

Front 17

What are the federal appellate courts called?

Back 17

United States Courts of Appeal or circuit courts.

Front 18

Are the circuit courts bound to review every case requested?

Back 18

No. Only those that the circuit court believes have merit.

Also, they are only binding on the lower courts of that circuit only.

There are 11 circuits, a federal circuit, and a circuit for the District of Columbia.

Front 19

What is writ of certiorari?

Back 19

Discretionary grant to hear a case from a lower court.

Includes: timeliness, ripeness, urgency, and conflict and contradiction in the lower federal courts.

Front 20

Original Jurisdiction:

Back 20

A second way to procure Supreme Court review is through an appeal of right.

examples: disputes between two states, state and federal government, and cases involving international treaties or foreign dignitaries or citizens.

Front 21

Legal research:

Back 21

the process, the means, and the approach used to gain information on a particular topic.

Front 22

Legal analysis:

Back 22

the method used to dissect facts to determine the topic of research, as well as the method used to analyze, scrutinize, and employ the results of the research effort.