Chap. 4 Common Law, Statutory Law, & Administrativ...

The power of an appellate court or appellate agency to make a new decision in a matter under appeal, entirely ignoring the findings and conclusions of the lower court or agency official.

“Let the decision stand.” A basic principle of the common law, it means that precedent is usually binding.

To hold a formal hearing in a disputed matter and issue an official decision.

An agency employee who acts as an impartial decision-maker.

A proposed statute that has been submitted for consideration to Congress or a state legislature.

A statute authorizing the creation of a new administrative agency and specifying its powers and duties.

An administrative agency within the executive branch of government.

A principle of administrative law that no party may appeal an agency action to a court until she has utilized all available appeals within the agency itself.

The process whereby an administrative agency notifies the public of a proposed new rule and then permits a formal hearing, with opportunity for evidence and cross-examination, before promulgating the final rule.

A federal statute giving private citizens and corporations access to many of the documents possessed by an administrative agency.

A method of administrative agency procedure incorporating some elements of formal and some elements of informal rulemaking, typically involving a limited public hearing with restricted rights of testimony and cross-examination.

An administrative agency outside the executive branch of government, such as the Interstate Commerce Commission.

A formal statement by an administrative agency expressing its view of what existing statutes or regulations mean.

The power of the judicial system to examine, interpret, and even nullify actions taken by another branch of government.

Used by courts to interpret the meaning of a statute, this is the record of hearings, speeches, and explanations that accompanied a statute as it made its way from newly proposed bill to final law.

Regulations issued by an administrative agency.

The power of Congress or a state legislature to pass legislation despite a veto by a president or governor. A congressional override requires a two-thirds vote in each house.

In statutory interpretation, the premise that words with an ordinary, everyday significance will be so interpreted, unless there is some apparent reason not to.

A federal statute prohibiting federal agencies from divulging to other agencies or organizations information about private citizens.

To issue a new rule.

The power of an administrative agency to issue regulations.

A court’s power to give meaning to new legislation by clarifying ambiguities, providing limits, and ultimately applying it to a specific fact pattern in litigation.

An order to appear, issued by a court or government body.

An order to produce certain documents or things before a court or government body.

The power of the president to reject legislation passed by Congress, terminating the bill unless Congress votes by a 2/3 majority to override.