Chapter 4: Common, Statutory, and Administrative Law
Chapter 4: Common, Statutory, and Administrative Law BLAW
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This 2 page Class Notes was uploaded by Alex Lazo on Monday February 8, 2016. The Class Notes belongs to BLAW at University of Texas at Dallas taught by Matthew Polze in Summer 2015. Since its upload, it has received 37 views. For similar materials see Business and Public Law in Business Law at University of Texas at Dallas.
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Date Created: 02/08/16
Chapter 4: Common, Statutory, and Administrative Law Common Law o Common law is judge-made law o Bystander obligations: No duty to assist someone in danger unless you created that danger (no duty to rescue) Tarasoff v Regents of the University of California Student spoke to therapist about killing another student Therapist did not intervene in any way and woman was killed Is the therapist liable for the woman’s murder? Exception made in common law showing that the therapist should have intervened due to a special relationship with the patient Exception applies to master-servant and therapist-patient relationships Statutory Law o Some states have a Duty to Rescue statute that states that witnesses need to report crime as soon as possible but do not have to physically prevent the crime o We elect officials who pass statutes proposed for reasons such as new issues, unpopular judicial rulings, or criminal law Proposed as bills o House-Senate Conference Committee examines differences between bills from House and Senate in an attempt to create compromise o Statutory interpretation: courts explain precisely what the language means and how it applies to the case through: Plain meaning rule: court will apply a statutes everyday significance Legislative history and intent: court looks to law’s history to determine the intent of the legislation Public policy: if legislative history is unclear, courts will rely on public policy Administrative Law o Courts decide individual cases and do not regulate industries o Some federal agencies are part of executive branch and others are independent o Congress creates federal agency by passing enabling legislation Enabling legislation: Congress creates federal legislation that requires agencies to interpret Informal rulemaking: agency publishes proposed rule in advance and allows public to comment Formal rulemaking: required to hold hearing before issuing rule Power of Agencies o Agencies create the rules Legislative rules are much like statutes as they require businesses to act in a certain way Interpretive rules do not change the law but are agency interpretations o Investigation by agencies includes subpoenas, searches and seizures, etc. Subpoena: order to appear at a particular time and place to provide evidence Subpoena duces tecum: requires person to appear and to bring specified documents Adjudicate: hearing is held and decision is made by and administrative law judge (ADJ) o Agency power limited through statutory, political, judicial, and informational basis
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