Civil and Criminal Procedures
Discussion 1
“Organization and Classification of Federal Agencies” Please respond to the following:
The Administrative Procedure Act (APA) is the law under which U.S. government federal regulatory agencies create the rules and regulations necessary to implement and enforce major legislative acts. Speculate as to what might happen if these agencies become indiscriminant in their rule-making activities.
Assess the effectiveness of the constitutional principle that the legislative, executive, and judicial functions of government should not exist within the same person or group of persons. Provide an example of an instance when this principle does not work as intended.
Discussion 2
“Powers of Administrative Agencies” Please respond to the following:
Choose three administrative agencies and explain the direct impact these have had on your life.
From the e-Activity, Sturm, Ruger & Company, Inc. filed a complaint in the United States District Court challenging the OSHA’s Data Collection Initiative as unlawful. The court concluded that it lacked subject matter jurisdiction over the complaint, and that the company must pursue its claims through the review process prescribed by the Occupational Safety and Health Act. Summarize how this example of judicial review contributes to the effectiveness of the legal system.
Text: Schubert, F. A. (2012). Introduction to law & the legal system (10th ed.). Boston, MA: Wadsworth Cengage.
Chapter 13: Administrative Law and Administrative Agencies
e-Activity: Review the case Sturm, Ruger, & Company, Inc. v. U.S. Department of Labor, located at
http://law.justia.com/cases/federal/appellate-courts/F3/300/867/545887/. Be prepared to discuss.
