Substantive Law Study Support

The Chapter Overview discusses the court examination, or judicial review, or agency decisions, the barriers to receiving judicial review, and the procedural requirements of judicial review.

A. What is Judicial Review? is broad in content.

B. Access to Judicial Review develops the legal theory that allows judicial review; for example, only the party injured may seek review. Another access is the agency statute providing for review.

C. The Power of the Courts to Review explains the authority granted by
statutes and constitutions.

D. Impact of a Judicial Review Statute reminds students that judicial review
has an impact on the agency as well.

E. Barriers to Review examines both the statute being silent on judicial review by omission, and the statute denying judicial review by preclusion (forbidding) or by agency discretion.

F. Judicial Review Procedures explains the four major procedures: standing – party must be the injured person, ripeness – the injury is real/not just probable,
exhaustion – all agency procedures and appeals have been completed, and primary jurisdiction – the court allows the agency to rule on a fact before the court will hear the case.

G. The Scope of Judicial Review points out that: the courts only examine the agency record, the courts do not allow new issues to be raised, and the courts review the reasons that an agency states is the basis for it decision. Important to scope of review is the court’s calendar time.

The Chapter Summary selects the routes to judicial review and states the established rights to appeal are by agency statute provision, constitutional provisions, administrative procedure acts, and other statutes.

The Advanced Studies offers judicial review documents.