Chapter 9 ADMINISTRATIVE LAW

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Author:
jpalmer1202
ID:
267906
Filename:
Chapter 9 ADMINISTRATIVE LAW
Updated:
2014-03-25 15:05:24
Tags:
Administrative law
Folders:
Administrative law
Description:
Chapter 9
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  1. In the federal system, most review authority comes from....
    statute
  2. two types of judicial review
    1. involves the direct review of agency action

    2. the claim for damages
  3. time limitations established by congress are strictly enforced by...
    federal courts
  4. 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
  5. 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
  6. certiorari
    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 it has been replaced by the injunction and declatory judgement
  7. decisions not subject to judicial review
    decisions that have been "committed to agency discretion"
  8. standing doctrine
    requirement that a person who brings a lawsuit have a personal interest in the case
  9. 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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