Administrative Law
Chapter 9 -
Part 2
KEY TERMS
Administrative Procedure Act a federal statute that gives guidelines for
administrative agency decisions, hearings,
judicial review and rule-making. Passed in
1946, it has served as a model for similar
state statutes.
Affirm to state that an order of an agency is sound
and must stand
Arbitrary, capricious unreasonable
Authority the power given by a legislature
Circuit federal or state division of courts
Court calendar schedule of dates for trials
Court of Appeals a review court of decisions
Decision a conclusion determined by considering
essential elements
De novo new hearing or trial by review court
Discretion right to make reasonable actions
District Court federal courts with jurisdiction over
specified territory and states
Enact make or authorize a law
Expertise quality experience or knowledge
Finding of fact decision on facts presented
Issue portion of law being disputed
Judicial review appeal to courts
Jurisdiction authority to hear legal actions
Litigant party in a lawsuit
Opinion court’s decision and reasons
Party litigant in legal action
Petition a written request
Precedent past decision now foundation for new
Procedures methods or processes of agency
Record written history of case
Remand send back for more proceedings
Remedy methods used to enforce a right
Scope of review extent and limitation of judicial examination
Statute law enacted by legislature
STATEMENTS
Chapter Nine/Section A. In judicial review, courts examine and review agency decisions. (Page 296)
Both the laws and the factual conclusions made by the agency may be reviewed. (Page 296)
Section B. To receive a judicial review, an appellant must follow standards and requirements. (Page 296)
Section C. The agency statute creating the agency and the Administrative Procedure Act provide for judicial review of a decision. (Page 298)
Section D. Judicial review effects both the person seeking the appeal and the agency itself. (Pages 300-301)
Section E. If an agency statute does not allow for judicial review, a client may appeal through the American Procedure Acts. (Pages 303-303)
Section F. The perquisites for judicial review are: standing, ripeness, exhaustion, and primary jurisdiction. (Pages 320-325)
Section G.1.a. Judicial Review is restricted to the agency record. (P. 327)
WEB RESOURCES
www.uscourt.gov United States Courts
www.odci.gov/cia Central Intelligence Agency
www.fda.gov Federal Food and Drug Administration