Admin/Con't Law

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Author:
Neesters
ID:
162340
Filename:
Admin/Con't Law
Updated:
2012-07-13 20:35:59
Tags:
Admin Con Law
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Description:
Admin/Con't Law
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  1. State Action
    Constitutional Violation - must have a state action.

    Official government conduct or private conduct where there is signifigant government involvement
  2. Standing (APA)
    Aggrieved by an agency action. 
  3. Standing (Con't)
    Must have a concrete stake in the outcome of a case.

    • Must show:
    • (1) has been or will be directly and personally injured by the unlawful government action, which affects his rights under the Con't or federal law
    • (2) there must be a causal connection between the injury and the conduct complained of, and a decision in the litigant's favor must be capable of eliminating his grievance
  4. Equal Protection
    Prohibits intetional discrimination against similiarly situtated persons.
  5. Substantive Due Process
    Due Process Clause of the Forteenth Amendment prohibits the government from burdening the liberty of persons to engage in lawful activities.
  6. Vagueness (due process doctrine)
    Also places limitations on govt's ability to enact laws that do not adqueately define what is prohibited, or give officials unfettered discretion when applying the law. 

    Bars enforcement of a statute that either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application. 
  7. Procedural Due Process
    The Fourtheenth Amendment provides that a state may not intentionally take a person's life, liberty, or property without due process of law. 

    • This virtually always requires
    • (1) notice
    • (2) an opportunity to be heard before a neutral decisionmaker.
  8. Judicial Review
    • Court grants relief from agency order when:
    • (1) order or statute on which the order is based is a violation of con't on its face or as applied
    • (2) the order is outside the statutory authority or jurisidiction of the agency
    • (3) the agency has engaged in unlawful procedure or decision making process, or has failed to follow a prescribed procedure
    • (4) the agency has erroneously interpreted or applied the law
    • (5) the order is not supported by substantial evidence
    • (6) the agency has not decided all issues requiring resolution
    • (7) the order is incosistent with a rule of the agency
    • (8) the order is abitrary and capricious
  9. Exhaustion of remedies
    Generally not entitled to judicial review of an agency adjudication action until all available administrative remedies have been exhuaseted. No exhuastion is required if ussing the process would be futitle.
  10. Matthews Test (Procedural Due Process)
    • To determine nature and timing of the process, the court will way
    • (1) the important of the interest involved
    • (2) the risk of erroneous deprivation and the extent to which add'l safeguards would reduce that risk
    • (3) the burden on the gov't of providing such add'l safegaurds.

    Pretermination hearings are frequently reqruired where the interest is one that realates to livelihood, continued employment, or life necessities, provided the gov't cannot establish an immediate publi danger to justify a post-termination hearing.

    If a risk of erroneous deprivation is great, such as where summary suspension of a license may occur on the suspeion of a violation, a pretermination hearing is more likely to be required.
  11. Contract Clause
    Applicatble only to state and local statutes and regs.

    Prevents substantial interference with existing contracts. if the law substantially impairs private contractual relationsps, it will be upheld if there is a signifigant public purpose behind it. 

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