Difference Between Federal Agencies And Federal Courts

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Federal agencies are the part of government that is not congress, the president, or the military during wartime. If the president or Congress decides to build a bridge, they won’t oversee any of the work themselves, not even hiring of the staff. Instead, an agency is created to carry out their goal. Examples of agencies in the United States include the Federal Bureau of Investigation, Central Intelligence Agency, and Federal Communications Commission. Agencies are formed by an act of Congress, when they lay out what is called an organic statute that contains the purpose and structure of the agency, the agency then is in charge of implementing the purpose as laid out in the statues.
The laws surrounding federal agencies are administrative laws. A statutory law is a law that is written, usually enacted by a legislative body. In addition, a common law, or case law, allows judges to render decisions based on the ruling of earlier cases. Common law is guided by the regulations set forth in federal of state statutes, but it does not rely exclusively on those written laws. It was derived from custom and judicial precedent rather than statutes. Federal courts, since the creation of the APA, have been reluctant to
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Beermann contributes to this debate by examining ways in which federal courts behave like common law courts, creating administrative law based on principles and policies that may or may not be consistent with the language, structure, and history of the APA and other relevant provisions. Beermann argues that the court has not provided, or attempted to provide, a principled justification for its continued use of administrative common law. Furthermore, his article shows that the courts have not provided a method for choosing between a statutory or common law focus in any particular doctrinal area. He questions whether courts reviewing agency action for procedural or substantive regularity are following governing statues or applying judicially created

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