05 Sep Why Does FOIA Matter to Me?
Please respond to this assignment by telling me, IN DETAIL, what you learned from the powerpoint. Again, BE COMPLETE.
PPTX attached
300 words
Chapter 4: Common Law, Statutory Law, and Administrative Law
Essentials of Business Law, 7e
Beatty, Essentials of Business Law, 7th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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Why Does FOIA Matter to Me?
You participate in Black Lives Matter protests and have begun studying the issues raised about police officers. Your local protest group believes the budget of the local police department should be made public as well as their training manuals used to prepare recruits for the job. You and the group want this information to help assess the effectiveness of the police department.
What law enables you to obtain information from the government about a subject of interest via a written request?
Beatty, Essentials of Business Law, 7th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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Learning Objectives
Explain the creation of administrative agencies
Describe the powers held by administrative agencies
Describe the process and procedures that must be followed by administrative agencies in carrying out their tasks
Explain judicial deference to an agency’s decision
List ways government agencies can be held publicly accountable
Beatty, Essentials of Business Law, 7th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Common Law
Stare Decisis
“Let the decision stand”
Bystander Cases
You have no duty to assist someone in peril unless you created the danger
Special exemptions when there is a special relationship (such as between therapist and patient)
Beatty, Essentials of Business Law, 7th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Statutory Law (1 of 2)
Beatty, Essentials of Business Law, 7th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Teaching Notes:
Most of the work done on bills is done in committees outside of arguments on the House/Senate Floor
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Statutory Law (2 of 2)
Example: 1963 proposed legislation guaranteeing equal rights
Bill to House Judiciary Committee hears testimony on the treatment of African-Americans Committee approves the bill and sent it to the full House
Bill debated on the House floor House decides to modify some of the language and the Bill passes on House floor
Bill transferred to the Senate, where it is debated Senate decides to add a new subsection and the Bill passes on the Senate floor.
Because of the amendments, the House-Senate Conference Committee reaches a compromise on the language. Bill sent back to each House and Senate for a new vote.
Bill again debated in each and eventually passes in each.
Bill goes to President who signs it.
Beatty, Essentials of Business Law, 7th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Teaching note:
1. Had the President instead vetoed the Bill, it would go back to Congress who could still pass it with 2/3 vote. Without 2/3 vote, the Bill dies.
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Statutory Interpretation
Beatty, Essentials of Business Law, 7th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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Statutory Considerations
Beatty, Essentials of Business Law, 7th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
8
Agency Creation
Enabling legislation from Congress name, purpose, function, and powers of agency being created
Types of agencies: Executive agencies and Independent Regulatory Agencies
Beatty, Essentials of Business Law, 7th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Knowledge Check Activity
The Occupational Safety and Health Administration is a sub agency within the U.S. Department of Labor. The Secretary of Labor is appointed by the president and can be removed by the president at any time. OSHA is:
An executive agency
An independent regulatory agency
A constitutional agency
A structural agency
Beatty, Essentials of Business Law, 7th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Knowledge Check Answer
The Occupational Safety and Health Administration is a sub agency within the U.S. Department of Labor. The Secretary of Labor is appointed by the president and can be removed by the president at any time. OSHA is:
An executive agency
Beatty, Essentials of Business Law, 7th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Agency Powers
Beatty, Essentials of Business Law, 7th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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Limits on Agency Power
Beatty, Essentials of Business Law, 7th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
13
Standards of Judicial Review
Facts Court’s will generally defer to an Agency’s fact finding. As long as there is substantial evidence, the fact decision will be respected.
Law Court often defer to an Agency’s interpretation of law. If the Agency’s decision was reasonable, it will be binding even if the Court might not have made the same analysis.
Beatty, Essentials of Business Law, 7th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Public Accountability
Freedom of Information Act (FOIA)
Privacy Act
Beatty, Essentials of Business Law, 7th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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