SMG LA 245 Study Guide - Midterm Guide: Administrative Law Judge, Equal Protection Clause, Alternative Dispute Resolution
3 Mar 2016
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Common law: judge-made law; predominates in tort, contract and agency law. Stare decisis: essence of the common law; ruling from a previous case (precedent) Criminal law: prohibits behaviors threatening to the society (gov. prosecutes; prison or fine punishment) civil law: regulates the rights and duties between parties (gov. not involved) Executive: (president) can veto; can appoint judges; legislation: (congress) can impeach president; override veto; cannot appoint judges unless senate approved; can amend the. Constitution; judicial: (supreme court) interprets the law; strike down statutes, common law, executive orders. Agency: federal, state, and local (executive and independent: some federal agencies are part of the executive branch; others are independent agencies) Enabling legislation: congress creates a federal agency by passing enabling legislation. Administrative agencies use three kinds of power: make rules; investigate; adjudicate outcomes. Agencies can also conduct a surprise search and seizure of an enterprise. Interpretive rules: do not change the law; are the interpretations of what the law already requires.
