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| The collection of rules and decisions made by administrative agencies to fill in the particular details missing from constitutions and statutes; involves applications, licenses, permits available information, hearings, appeals, and decision making |
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| government bodies of the city, county, state, or federal government; any body created by the legislative branch to carry out specific duties |
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| Fourth Branch of Government |
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| unofficial chacterization regarding administrative agencies |
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| Interstate Commerce Commission (ICC) |
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| First federal administrative agency; created to regulate the anticompetitive conduct of railroads |
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| statute that specifies the name, functions, and specific powers of the administrative agency; grant broad powers for purpose of serving public interest, convenience and necessity |
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| regarding the internal operations of an agency |
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| explain how the agency views the meaning of the statutes for which the agency has adminnistrative responsibility |
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| policy expressions that have the effect of law |
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| an order to appear at a particular time and place and provide testimony |
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| an order to appear and bring specified documents |
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| Administrative Law Judge (ALJ) |
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| Presides over an administrative hearing; may attempt to get the parties to settle, but has the power to issue a binding decision |
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| a statement where a company agrees to stop disputed behavior, but does not admit it broke the law |
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| the head is appointed by the President with the advice and consent of the US Senate and may be discharged by the president at any time, for any reason; also referred to as cabinet level departments; Federal Aviation Agency, Food and Drug Administration |
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| governed by a board of commissioners; the president appoints the commissioners with the advice and consent of the Senate, commissioners serve fixed terms and cannot be removed except for cause |
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| agencies that do not fall clearly into one classification or the other |
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| Administrative Procedures Act (APA) |
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| Created as a major limitation on how agencies are run; contains very specific guidelines on rule making by agencies |
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| also notice-and-comment rule making; Applies in all situations where the agency's enabling legislation or other congressional directives do not require another form |
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| An agency initiates informal rule making by publishing the proposed rule, along with an explanation of the legal authority for issuing the rule and a description of how the public can participate in the rule-making process |
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| must include a complete transcript, begins with a publication of a notice of proposed rule making by the agency in the Federal Register, followed by a public hearing at which witnesses give testimony on the pros and cons of the proposed rule and are subject to cross-examination. If a regulation is adopted, the final rule is published in the Federal Register |
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| rule that does not create any new rights or duties but is merely a detailed statement of the agency's interpretation of an existing law |
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| general statements about directions in which any agency intends to proceed with respect to its rule-making or enforcement activities; no binding impact and do not directly affect anyone's legal rights or responsibilities |
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| Each concerned interest group and the agency itself send a represetative to bargaining sessions led by a mediator; if the parties achieve a consensus, that agreement is forwarded to the agency and the agency is expected to publish the compromise as a proposed rule in the Federal Register and follow through with the appropriate rule making procedures. If the agency does not agree then they are free to try to promulgate a completely different rule or a modification of the one obtained through negotiation |
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| basic limits on agency power |
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| political, statutory, judicial, informational |
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| Freedom of Information Act (FOIA) |
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| requires that federal agencies publish in the Federal Register places where the public can get information from the agency; publish records, interpretations and policies, staff manuals available on request |
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| requires that agency business meetings be open to the public if the agency is headed by a collegiate body |
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| consists of 2 or more persons, the majority of whom are appointed by the president with the advice and consent of the Senate |
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| guilty act, wrongful behavior |
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| guilty mind, wrongful state of mind |
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| criminal act occurs when the individual consciously ignores substantial risk |
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| he or she does not meet a standard of care that the reasonable person would use in the context that led to the criminal act |
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| liability without fault (strict liability) |
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| involves actions that regardless of the care taken are deemed illegal to engage in; such acts are specifically prohibited or bring about a specifically prohibited result |
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| include serious crimes, such as murder, that are punishable by imprisonment for more than one year or death |
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| less serious crimes punishable by fines or imprisonment for less than one year |
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| minor misdemeanors that are usually punishable by a jail sentence of less than 6 months or a small fine |
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| the forceful and unlawful taking of personal property |
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| occurs when someone unlawfully enters a building with the intent to commit a felony |
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| secretive and wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the rightful owner of its use or possession |
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| variety of nonviolent illegal acts against society that occur most frequently in the business context; fraud, bribery, embezzlement |
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| offering, giving, soliciting, or receiving of money or any object of value for the purpose of influencing the judgment or conduct of a person in a position of trust |
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| bribe in exchange for new information or payoffs |
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| making of threats for the purpose of obtaining money or property |
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| an individual intentionally uses some sort of misrepresentation to gain an advantage over another person |
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1. a material false representation made with intent to deceive
2. a victims reasonable reliance on the false representation
3. damages |
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| illegal buying or selling of a corporations stock or other securities by corporate insiders such as officers and directors in breach of a fiduciary duty or other relationship of trust and confidence, while in possession of material, nonpublic information about the security |
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| occurs when an employee falsifies documents to make it appear as if the company had granted options on certain dates, but the dates are selected after the fact by looking backward for dates on which the stock price was low, thereby falsely inflating the net profits for the company |
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| illegal obtainment of property belonging to another through materially false representations of an existing fact, with knowledge of the falsity of the representations and with the interest to defraud |
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| the fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another |
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| submission of false claims to insurance plans |
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| scheme in which companies bill consumers for optional services that the consumers did not order |
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| using or causing others to use false pretenses, fraudulent statements, fraudulent or stolen documents, or other misrepresentations |
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| wrongful conversion of anothers property by one who is lawfully in possession of that property |
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| refers broadly to any wrongful act that is directed against computers, uses computers to commit a crime, or involves computers |
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| person who illegally accesses or enters another person's or company's computer system to obtain information or to steal money |
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| hacker whose intention is the exploitation of a target computer or network to create a serious impact |
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| computer program that rearranges, damages, destroys, or replaces computer data |
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| strict-liability offenses |
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| offenses that do not require state of mind |
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| liability or responsibility of a person, a party, or an organization for damages caused by another. Most commonly used in relation to employment, where the employer is vicariously held liable for the damages caused by its employees |
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| claiming that the defendant is innocent or that the prosecution did not follow proper procedures; excuses for unlawful behavior |
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| those who have not reached the age of majority typically are considered to lack the mental capabilities of an adult, and thus can be used as a partial defense to defuse the guilty-mind requirement of a crim |
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| defense tries to prove that a defendant made an honest and reasonable mistake that negates the guilty-mind element of a crime |
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| an affirmative defense claiming that the defendant took the intoxicant without awareness of its likely effect, mistook its identity, or the intoxicant was taken under force |
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| an affirmative defense claiming that the defendant had a severe mental illness extant at the time the crime was committed that substantially impaired the defendants capacity to understand and appreciate the moral wrongfulness of the act |
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| any unlawful act or threat exercised upon a person whereby he/she is forced to enter into an agreement or to perform some other act against his/her will |
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| a relatively common defense that claims the defendant would not have committed the crim or broken the law if not induced or tricked by law enforcement officials |
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| the commission of the crime was necessary to prevent a more sever crime from occuring |
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| use of force is necessary to prevent imminent death or great bodily harm to ones self or to another or to prevent the imminent commission of a forcible felony |
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| holds that all evidence obtained in violation of the constitutional rights spelled out in the 4th, 5th, 6th, amendments is normally not admissible at trial |
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| evidence found when an official acts in good faith is admissible at trial |
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| holds that illegally obtained evidence may legally be used at trial if the evidence would have been obtained inevitably by law enforcement officials using lawful means |
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| the action of the police, or the person acting under the law, to seize, hold, or take an individual into custody |
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| procedure during which the name of the defendant and the alleged crime are recorded in the investigating agency's or police department's records |
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| appearance before a magistrate who determines whether there was probable cause for the arrest |
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| the amount of money defendants pay to the court on release from custody as security that they will return for trial |
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| a formal accusation stating the facts and specifying the violation of criminal law |
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| a written accusation of the crime allegedly committed by the defendant |
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| the first appearance in court by the defendant in which he or she is advised of the pending charges, the right to counsel, and the right to trial by jury and to plea to the charge |
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| a plea in which the defendant does not admit guilt but agrees not to contest the charges |
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| agreement in which the prosecutor agrees to reduce charges, drop charges, or recommend a certain sentence if the defendant pleads guilty |
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| the duty of the plaintiff or prosecution to establish a claim or allegation by admissible evidence and to prove that the defendant committed all the essential elements of the crime to the jurys or courts satisfaction beyond any reasonable doubt, in order to convict the defendant |
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| burden of production of evidence |
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| prosecution must produce any tangible evidence and testimony that prove the elements of the crime that the defendant allegedly committed |
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| prosecutor must persuade the jury beyond a reasonable doubt that the defendant committed the crime |
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| private citizens use this to sue employers on behalf of the government for fraud against the government |
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| a civil wrong resulting from an intentional act committed upon a person, property, or economic interest of another. Include: assult, battery, conversion, false imprisonment, intentional infliction of emotional distress, trespass to land, and trespass to chattels |
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| occur when the defendant acts in a way that subjects other people to an unreasonable risk of harm |
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| occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes |
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| occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact |
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| intentional, unwanted, offensive bodily contact |
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| common defense to battery, responding to the force of another with comparable force in order to defend oneself |
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| intentional publication (communication to a third party) of a false statement harmful to an individuals reputation |
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| defamation published in a permanent form |
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| a special right, immunity, permission, or benefit given to an individual to make any statement, right or false, about someone without being held liable for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim |
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| a party will not be held liable for defamation unless the false statement was made with actual malice |
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| a special right, immunity, or permission given to people to make any statement about public figures, typically politicians and entertainers, without being held liable for defamation for any false statements made about them |
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| occurs when publicity about a person creates an impression about that individual that is not valid |
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| public disclosure of private facts about a person |
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| occurs when someone publicizes a private fact about an individual and that fact is something a reasonable person would find highly offensive |
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| appropriation for commercial gain |
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| occurs when someone uses another person's name, likeness, voice, or other identifying characteristic for commercial gain without that persons permission |
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| intrusion on an individuals affairs or seclusion |
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| occurs when someone invades a person's solitude, seclusion, or personal affairs when the person has the right to expect privacy |
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| occurs when an individual is confined or restrained against his or her will for an appreciable period of time |
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| intentional infliction of emotional distress |
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| "tort of outrage" the defendant intentionally engages in extreme conduct designed to cause the plaintiff emotional distress |
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| malicious prosecution (action for) |
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| action brought against a defendant who is responsible for the institution of a criminal proceeding against the plaintiff without probable cause, who was subsequently exonerated, for the sole purpose of causing problems for the plaintiff |
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| wrongful civil proceedings |
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| a civil action brought against a person with no justifiable basis for the action |
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| applies to both criminal and civil matters in which a legal procedure is misused to achieve a different goal than the procedure intends |
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| trespass to realty (trespass to real property) |
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| tort that occurs when someone goes on another's property without permission or places something on another's property without permission |
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| when a person uses her property in an unreasonable manner that harms a neighbors use or enjoyment of his property |
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| temporarily exerting control over anothers personal property or interfering with the true owners right to use the property |
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| when a person permanently removes personal property from the owner's possession and control |
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| defamation of a business product or service |
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| slander of quality (if spoken) |
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| if statements are criticisms of the quality, honesty, or reputation of the business or product |
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| a business tort occurs when false published in printed form statements are criticisms of a business product or service that resulted in loss of sales |
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| statements that relate to the ownership of the business property |
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| a tort that provides ranchers and farmers a cause of action when someone spreads false information about the safety of a food product |
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| intentional interference with contract |
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| intentionally taking an action that will cause a person to breach a contract that he has with another |
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| tort of unfair competition |
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| when someone enters a business with the sole intent of driving another firm out of business |
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| fraudulent misrepresentation |
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| occurs when a party uses intentional deceit to facilitate personal gain |
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| damages designed to compensate the victim for all the harm caused by the person who committed the tort |
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| a person who commits an intentional or through-negligence tort that causes a harm or loss for which a civil remedy may be sought |
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| small amount of money given to recognize that a defendant did indeed commit a tor in a case where there were no compensable damages suffered by the plaintiff |
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| damages awarded to punish the defendant |
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