Chapter 9 ADMINISTRATIVE LAW
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In the federal system, most review authority comes from....
two types of judicial review
1. involves the direct review of agency action
2. the claim for damages
time limitations established by congress are strictly enforced by...
congress may require that constitutional claims be..
1. raised within a certain period of time
2. filed with a particular court
3. or raised in a certain manner
federal question jurisdiction
One of two means to establish federal court jurisdiction. A claim arising under the Constitution or laws of the United States is a federal question. The other means of acquiring federal jurisdiction is through diversity of the parties
common law writ issued by a superior tribunal to an inferior tribunal requiring the inferior tribunal to produce a record or file so that review may be conducted
no longer available in the federal system. it has been replaced by the injunction and declatory judgement
decisions not subject to judicial review
decisions that have been "committed to agency discretion"
requirement that a person who brings a lawsuit have a personal interest in the case
what is the relationship between standing and statutory rights of review?
1. if statutory law is silent on the question of who has a right to petition for review, standing principles apply
2. if statutory law narrows or limits the group that can seek review, the statute applies
3. if a statute makes review available to those not qualifies under standing principles, the statute is likely constitutional
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