PADP 6490 Lecture Notes - Lecture 1: Federalist No. 78, Federal-Question Jurisdiction, Amicus Curiae
Document Summary
Lecture 1 introduction to administrative law: key terms, law vs. ethics. Both have to do with standards of behavior. Key distinctions: law is codified, sanctions (known and knowable, ethics is not sanctioned, rules & principles, types of law. Civil & criminal: civil ! tends to be between parties (lack of intent . generally, criminal ! tends to be between defendant and government (intent) Legal questions ! involves society; cannot sue over involves the individual; can sue over: case or controversy requirement (in judicial branch) ! courts cannot act unless there is a case or controversy. Prevents courts from initiating policy on their own: judicial process, individual freedom vs. government authority. The u. s. supreme court & constitution: article iii of u. s. constitution. Justices are appointed by the president with senate approval & serve for life. Congress can determine the number of justices and create lower federal courts theoretically limits the power of justices: jurisdiction under article iii.