BUS 205 Week 1 Class Notes and Book Notes
BUS 205 Week 1 Class Notes and Book Notes BUS 205
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This 7 page Class Notes was uploaded by Rachel Rheingold on Wednesday September 21, 2016. The Class Notes belongs to BUS 205 at Colorado State University taught by Mac V Danford in Fall 2016. Since its upload, it has received 16 views.
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Date Created: 09/21/16
Ch. 4 Common Law, Statutory Law, Administrative Law (Class Notes) Three Sources of Law common law statutory law administrative law Common Law its judge made law stare decisis people must know what the law is Case Analysis o Tarasoff V. University of California Young girl murdered Could have been stopped Therapist involved was an innocent bystander and had no legal duty to warn the girl or anyone Mandatory reporting? Innocent bystander clause Societies norms do have an effect on long standing law o Like in the Tarasoff V. University of California o The innocent bystander act is unlawful Statutory Law Statutes affect us all o Bill – a proposed statute Submitted to congress or as a statute through legislature o Veto – a president’s power to reject any legislation passed by congress Bills are proposed for following reasons o New issue, new worry o Unpopular judicial ruling o Criminal law Discrimination – congress and the courts o The civil rights movement of the 1950s and 19602 convinced most citizens the African Americans suffered significant and unacceptable discrimination (duhhhhhhh) Conference Committee The committee examines the differences between the 2 bills and try to reach a compromise When the committees have settled every difference between the 2 versions o A new modified bill is sent back to each house for a new vote Statutory Interpretation Courts are called upon to interpret a statue to explain what the language means and how it applies o The basically put it in dummy form 3 steps in interpretation o plain meaning rule o legislative rule o public policy Administrative Law Background o Congress passed the interstate commerce commission (ICC) The first administrative agency The ICC was able to hire and develop a staff that was expert at issues congress controlled Classification on agencies Federal State Local Executive – independent 2 o Some federal agencies are part of the executive branch while others are independent agencies This is a major distinction Enabling legislation o Congress created a federal agency by passing enabling legislation Power of Agencies Legislative and interpretive o Legislative rules Require people to act in a certain way Have the effect of a congressional statute o Interpretive rules These do not change the law They define or apply laws to new situations How Rules Are Made Informal rulemaking o Proposed rule must be published and public for anyone to see and comment on Formal rulemaking o Must hold a public hearing and anyone can testify and object the rule at question Investigation Agencies do a whole bunch of stuff They all need broad factual knowledge of the field they are a part of To force disclosure, agencies use subpoenas and searches Subpoenas An order to appear at a particular place and time o A subpoena requires the person to produce certain documents or things The information sought o Must be relevant to a lawful agency investigation 3 o Must not be unreasonably burdensome o Must not be privileged Search and Seizure An agency will want to conduct a surprised search of a party and seize any evidence of a wrong doing Adjudication To hold a formal hearing about an issue and then decide about it Most adjudications begin with a hearing before an administrative law judge o Administrative law judge – an agency employee who acts as an impartial decision maker Limits on Agency Power 4 primary methods of reining power o statutory o political o judicial o informational 4 Ch. 4 Common Law, Statutory Law, Administrative Law (Book Notes) Common Law Common law is judge made law Bystander cases o This law came from England You have no duty to assist someone in peril danger unless you created the danger o Common law is hard to change Statutory Law More law is created by statue than by courts When the system works correctly, this is the law people (you and me) can control Bills o Congress has 2 houses House of Representatives The Senate o To become a law, a bill must be voted on and approved by both houses o Once both houses pass it, it then goes to the president o If the president signs it, it becomes law and is a statute Administrative Law These are familiar laws o Help the people stay safe essentially Power of Agencies Administrative agencies use 3 kinds of power o Rulemaking To create a new rule is to circulate it o Types of rules – legislative and interpretive Legislation rules are the most important ones an agency will make Like statues! Interpretive rules do not change the law o How rules are made Informal rulemaking Agencies may use “notice and comment” method of rulemaking The agency must publish a proposed rule Formal rulemaking Hold hearings open to the public People against the ruling can oppose it and testify it Investigation Subpoena – an order to appear at a particular place and time o A subpoena requires the person to justify certain documents or things The sought out information o Must be relevant o Must not be unreasonably burdensome o Must be privileged Search and seizure o Adjudicate – hold a hearing and decide something Limits of Agency Power 4 primary methods o statutory control may require that an agency use formal rulemaking or investigate only certain issues o political control the presidents influence is greatest with executive agencies o judicial review 2 an individual or corporation directly harmed by an administrative rule, investigation, or adjudication may have their own actions in federal court o informational 3