In administrative agency you cannot appeal on

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In administrative agency, you cannot appeal on decision made by agency on factual consideration But you can appeal on the above three things The courts don’t want to have administrative agencies coming into them, because of the problems that creates – so courts created another rule for administrative agencies o Exhaustion requirement Before anybody could go to a court, they must exhaust all potential appeals within agency Reason is that if the agency can take care of a known problem, we don’t need to hear it The three things mentioned are the fundamental grounds upon which an administrative agency can be limited When we get into cases, we’ll get into equity and administrative Cases will start next class Cases Yakus vs. US Has citation: 321 US 414 (1944) o Reporters collect information o This number gives you information as to how to find the case First name is of person bringing the lawsuit/appeal Second person is of the person against whom the lawsuit/appeal is brought The numbers and letters of citation tell you information o US means US Supreme Court o Also tells you where to find o First three numbers represent volume o Second three numbers represent pages o Last four numbers represent year Doing a case o Explain the facts Why are we here? o What is the question, or the issue? o Answer The courts give some answer Yes, no, or “We don’t want to answer”
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o The reasoning Most important part Why did this particular court reach this particular reason? People will look at the reasoning to understand how to apply this law Yakuz – administrative law case o A butcher o Wants to sell meat at market price o But because of WWII, market is not working normally The military is drawing supplies from the market Therefore, you had lessening of the amount of goods available o Also, we just came out of the Depression with WWII o During the Depression, demand was suppressed o But now, most people working are not just working, they are working overtime Limited goods, increased cash Prices shoot up o Government sets up Office of Price Administration to control prices Not everyone had the same increased income as the war worker Set up maximum price Yakuz said you can’t do this Recall Schechter case, which said there needed to be a limit to power Yakuz is saying the same thing o Note: vertical squiggle means section o Don’t want to have very specific limits If you do, and that limit doesn’t work, you’re in trouble General limits work better Yakuz Law had said “fair and equitable”, which was acceptable – that was a limit o So there actually were laws in place So this is different from Schechter, which had no limit Yakuz did not have a viable case o This delegation of power was legal or acceptable Jurisprudence An approach to the law that tries to create a monolithic structure to explain how law works Natural law o Has been around for centuries o There is a law that transcends man’s law o Early law depended on natural law o Used nowadays mostly in extreme cases Nuremburg cases
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Defendants tried for crimes against humanity
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