Agencies & Courts Chapter 2
Agencies Authorized by legislature to develop rules and regulations. Ex: OSHA is the agency (Occupational Safety and Health Administration) that implements laws regarding working conditions in work places.
Agencies OSHA: Inspections of facilities in “high hazard” industries Height of guard rails in factories Number of fire exits Safety equipment worn by employees Responds to employee complaints Inspections of facilities in “high hazard” industries
Agencies What happens if there’s a violation? Fines on company Issue citations
Agencies Other Examples: EPA (Environmental Protections Agency) Regulates Pollution and Energy Conservation Dept of Homeland Security Protect against terrorist attacks
Agencies States and Local Agencies Impact Daily Life Issue permits for businesses Zoning
Agencies Public Hearings: Proceedings that are open to the public Held before issuing regulations Will consider evidence from the public
The Court System Trials are conducted in lower courts (Allegheny Co. – District Court) If you lose, you MAY be able to appeal
The Court System Most jurisdictions have 3 levels: Trial Court (jury) Appellate Court (PA = Superior Court) Supreme Court
The Court System What’s an Appeal? One party asks the court to change the decision of the trial court. Based on error of law in trial court (ex: improperly admitted evidence); no right to appeal just because you don’t like the outcome of the trial court’s decision
The Court System Examples: Appeal or not? Sarah is convicted of robbery after her friend, Mitch, refuses to testify at trial that Sarah was at his house at the time of the crime. What if the lower court had improperly excluded Mitch’s testimony at trial?
The Court System Examples: Appeal or not? Police search Christian’s house without a warrant or any other appropriate reasoning, and they find a weapon used in a murder. The prosecutor uses the weapon as evidence at Christian’s trial and he is found guilty.
The Court System Examples: Appeal or not? Sydney sues Layn for breach of contract and wins an award of $100,000. Layn thinks this is unfair and wants to file an appeal to convince the court that she should only have to pay Sydney $20,000.
The Court System Precedent Appeals courts set precedence. Once a decision is made, all lower courts must follow it. ALL COURTS must follow Supreme Court decisions. Dissenting Opinion – Written by judge who does not agree with majority NOT precedent, but can influence later decisions.
http://www.pacourts.us/learn/
U.S. Circuit