This content focuses on administrative law, exploring key concepts and cases through quizzes, essay questions, and a glossary.
The quiz section tests understanding of fundamental principles like objective vs. subjective intent in liability, the significance of specific wording in legislation tri...
Legal Environment Review: Administrative Law
Exam Review
Instructions: Answer the following questions in 2-3 sentences each.
1. What is the difference between objective and subjective intent in the context of Wood
v. Strickland?
2. Explain the significance of the "magic words" in the context of administrative hearings
according to Florida v. East Coast Rail.
3. Define rulemaking in administrative law and differentiate between formal and
informal rulemaking.
4. How does the Dalahite case contribute to our understanding of discretionary decisions
in government?
5. Briefly explain the central issue and holding of the Vermont Yankee case.
6. What are the three prongs of the "lawyer's worldview" as discussed in the AFL-CIO
case?
7. Explain the concept of the "intelligible principle" and its relevance to the
nondelegation doctrine.
8. What are some potential downsides to requiring highly specific and detailed legislative
standards for agencies?
9. Briefly describe the facts and holding of the "Bus Driver" case.
10. What is the legal standard regarding the use of cameras by administrative agencies, as
discussed in the "Camera" case?
Answer Key
1. Objective intent refers to what a reasonable person would be expected to know and
how they would behave in a given situation, while subjective intent focuses on the
specific knowledge and motivations of the individual in question. Wood v. Strickland
established that both objective and subjective intent can be relevant in determining
liability.
2. The "magic words" in Florida v. East Coast Rail are "on the record, after the opportunity
for agency hearing." Including these words in enabling legislation triggers the
requirement for formal rulemaking under the Administrative Procedure Act (APA).
Without them, the default is informal rulemaking.
3. Rulemaking is the process by which administrative agencies create regulations with
general and future applicability. Formal rulemaking involves trial-like hearings with
evidence presentation and cross-examination, while informal rulemaking relies on
notice-and-comment procedures where the public can submit written feedback.
4. The Dalahite case highlights that discretionary decisions made by the government, even
if following proper procedures, can still carry inherent risks. The court held that if those
risks are foreseeable, the government cannot be held liable for negative outcomes,
affirming the principle of sovereign immunity.
5. Vermont Yankee involved a challenge to the Nuclear Regulatory Commission's use of
informal rulemaking to decide on nuclear waste disposal. The Supreme Court held that
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