Chapter 4 Business Law

Judge-made law

"Let the decision stand," that is, the ruling from a previous case

An earlier case that needed the issue

You have no duty to assist someone in peril unless you created the danger.

Congress passes a law --> President signs it= law.

Congress passes a law --> President vetoes --> Congress 2/3 vote= law

A proposed statue submitted to Congress or a state legislature.

New issue, Unpopular Judicial Ruling, Criminal Law

The power of the precedent of the president to reject legislation passed by Congress.

How a statue is interpreted

When a statue's words have ordinary, everyday significance. The words are straight forward.

If the language is unclear, the court must look deeper. The court will look at the law's history.

If the legislative history is unclear, courts will rely on public policy.

Make sure the laws they are overseeing are relevant to the times

Government Agencies that are responsible for certain industries. Put in charge by Executive Branch.

The president has no such removal power against them.

President can fire the head of the agency at any time. They will rarely go against the president's policies.

Describes the problems that Congress believes need regulation, establishes an agency to do it, and defines the agency's powers.

To create a new rule. Legislative and Interpretive

"notice and comment". Public comment period. Agency uses the public's comments to publish the final law

Congress requires agency to hold a hearing. Perform a formal, written response to everything that occurred at the hearing. Give public access and formulate sound policy.

is an order to appear at a particular time and place to provide evidence

Requires the person to appear and bring documents. Subpoenas must be relevant, not be too burdensome, and not be privileged.

Subpoenas must be relevant, not be too burdensome, and not be privileged.

a case is to hold a hearing about an issue and then decide it.

There is no jury. An ALJ is an employee of the agency but is expected to be impartial in their rulings

An individual or corporation directly harmed by an administrative rule, investigation, or adjudication many generally have that action reviewed in federal court.

It is designed to give citizens, businesses and organizations alike, access to the information that federal agencies are using