Substantive Law Study Support

Take Home Exam

1.  When a statute precludes judicial review, the statute forbids it.
2.  Implied preclusion is written in the statute.
3.  Most agency decisions are appealed.
4.  The scope of review is the limit of court examination.
5.  An agency record is a limitation in judicial review.
6.  Findings of fact are within the agency’s discretion
7.  Court review is limited to the agency’s reason for its decision.
8.  It is rare for a court to hear new evidence in review.
9.  Substantial evidence requires an expert decision.
10.  In ripeness, the hardship may be abstract.          

(Scroll down for answers.)

Take Home Exam Answers

TRUE      1.  When a statute precludes judicial review, the statute forbids it.
FALSE     2.  Implied preclusion is written in the statute.
FALSE     3.  Most agency decisions are appealed.
TRUE       4.  The scope of review is the limit of court examination.
TRUE       5.  An agency record is a limitation in judicial review.
TRUE       6.  Findings of fact are within the agency’s discretion
TRUE       7.  Court review is limited to the agency’s reason for its decision.
TRUE       8.  It is rare for a court to hear new evidence in review.
TRUE       9.  Substantial evidence requires an expert decision.
FALSE    10.  In ripeness, the hardship may be abstract.     

Three Venues of Research

1. In Book: Research agency discretion preventing judicial review.
(pages 310-311, 341-343)
Overton, American Procedure Act, decisions are reviewable

2. At Library: (a) Research the FTC statute, then its Code of Federal Regulations on Judicial Review. How do the statute and the rules relate to each other? OR
(b) Look up the history of the FTC and its relevancy to modern society.

3. On Internet: Look up the U.S. Courts website, www.uscourts.gov.
(a)what is available for paralegals to examine?
(b) Key into “Educational Access” on the website.

Internship

Your lawyer has a brother who is having problems with his veteran’s claim. He said that he knows it isn’t in your field exactly, but could you look up the veteran’s statute while you are doing his other research? Please write the veteran’s research in a separate memo. The other research you’ll be doing is the FDIC Act for a firm’s client, also look at the Code of Federal Regulations on judicial review at FDIC.

After he leaves the office for court, you realize he also had written a cite down on your paper – 12 U.S.C. §1811 (1988). You’re not sure if that is the FDIC, the Veteran’s, or another statute.