1. Types of Law II OBE-118, Section 3 Fall 2004 John McKinsey Today we finish developing a good understanding of the three-dimensional spider web known as “the law”

2. Enabling Statute Administrative Agency RulesRegulationsOrders Hearings Agency Staff execute these products of rulemaking Individuals and the Public are affected by agency action Police power of state

3. Agency Rulemaking Similar to a legislative process Administrative Procedure Acts or other statutes usually specify a process to follow Proposed Rule must comply with higher law Notice and response to comments is the main responsibility we expect for due process purposes Best advice: when you find out an agency is going to regulate something you do, get involved early, and be persistent and active

4. Other Agency Roles/ Functions Investigation Enforcement Adjudication- (hearings)

5. Administrative Hearings Due Process Requirements –Notice and opportunity to be heard –Sometimes to confront witnesses against you Usually “evidentiary” in nature but less formal than court system Can have an attorney or representative

6. But law is more complex... We have actually gone off on a tangent, fully exploring agencies and what they do. Our topic is primarily sources of law. We have seen that agencies make law in addition to applying it and enforcing it. But, back on our original topic, you should understand that courts interact with agencies much like they do with the legislative process.

7. Judicial Review of Agency Action Scope of a court’s review: –Usually just the application of the law to the issue at hand To get a court to review you must have “standing”: –Injury

8. Judicial Review Criteria for Review (Arbitrary and Capricious) (“Chevron” deference) –Violation of a higher law (constitution, statutes) –Own process not followed –Exceeded discretion (deference given to agency) –Not a “substantial evidence” standard, instead think of it as “is their some evidence that supports the agency’s decision.

9. Types of Law Legislatures/ Executive Agencies Statutes Regulations Person or Business Courts

10. Dealing with the Law Businesses deal with the law in many ways –Lobbying to change or influence statutory law –Dealing with agencies or executive branch departments to get permits, fight off a fine, etc –Disputes arising out of interactions of a business with other individuals\ or business entities (torts and contracts) The next two topics deal with this last type of interaction with law

11. Types of Law (emphasizing the sources of law and how they apply to individuals) Legislatures/ Executive Agencies Courts Statutes Regulations Person or Business

12. Types of Law (emphasizing the ways in which business interacts with the law) Legislatures/ Executive Agencies Courts Person or Business Third Parties (other businesses, individuals, etc) Lawsuit Lobbying Regulatory Compliance

13. Overview of this Course Introduction, Defining Law Types of LawForums Where Law is Applied TortsContracts Product Liability Secured Transactions Employment Law Bankruptcy Property Business Organizations Antitrust Law Some substantive areas we get to sample

14. Next Class We will study dispute resolution, both in courts as well as outside of the court system.