Administrative Agencies & Hearings

Administrative Agencies

• Possess significant power and financial resources.
• Not mentioned in the Constitution.
• Emerged due to societal growth post-1800, necessitating specialized governance.
• An Enabling Act passed by the legislature creates an administrative agency.
• Focused on specific areas, headed by an Administrator.
• Functions as a quasi-legislative body, enacting regulations.
• Acts as a quasi-judicial body, resolving disputes.
• The Enabling Act delegates authority to experts.
• Administrators are appointed by the president, often based on party affiliation, which can lead to a lack of accountability and potential corruption.

Administrative Hearings

• Juries are not required.
• Hearsay is admissible, unlike in regular courts.
• Hearings are less formal.

Appealing Agency Decisions

• Successful appeals against agency decisions are difficult due to deference to their expertise (Chevron Doctrine).
• Grounds for appeal include:
  • Fraud.
  • Abuse of Discretion.
  • Bad Faith.
  • Lack of Substantial Evidence.
  • Intentional Wrongdoing.
  • Arbitrary & Capricious decisions.
  • Malice, Bribery, or Prejudice.
  • Unreasonableness (rare).
  • Unconstitutionality.
• Claiming regulations are unconstitutional offers the best chance of a successful challenge.

FDA Controversies

• Thalidomide: Approval leading to birth defects caused increased conservatism in the FDA
• Laetrile: Advocated as an anti-cancer drug, initially approved for terminal cancer patients by a federal district court but later ruled illegal by the Supreme Court.
• Aspartame: Artificial sweetener approved in 1981 after a 50-year battle with the FDA following a transition from a Democrat to Republican administration.
• DMSO: Cheap byproduct and dangerous chemical that the FDA has fought against, used topically to expand blood vessels for pain relief, but not approved for humans due to blinding test limitations (used on horses).
• Grass Cutting Chemical: A chemical that inhibits grass growth faces opposition due to potential disruption of the lawn care industry.

Torts Overview

• A tort is a civil wrong where one person or corporation sues another.
• Proven based on a preponderance of evidence.

Types of Torts

• Intentional Torts: Involve intentional injury.
  • To the Person:
    • Assault: Intentionally placing someone in fear of immediate physical harm.
    • Battery: Intentionally touching someone resulting in injury.
    • False Imprisonment: Intentionally detaining someone against their will, lacking a reasonable means of escape.
  • Exceptions: Assault, battery, trespass, and nuisance are crimes and torts.
  • To Property:
    • Trespass to Land: Unpermitted intrusion onto land, including areas above and below.
      • Defense: Easement (right of way).
      • Trespass to land does not require intent but does require a voluntary act.
    • Conversion: Intentionally depriving someone of personal property.
      • Personal property includes tangible (solid, gas, liquid) and intangible items (stocks, bonds, intellectual property, money).
      • Real property: land, buildings, and fixtures.
      • Fixtures are integral parts of a room that become real property bc permanently attached.
      • Legal remedy (money) is available for conversion.
      • Measure of damages: Value of the item when deprived.
    • Trespass to Personal Property: Unpermitted intrusion onto personal property (aka trespass to chattels).
      • Measure of damages: Loss of use.
    • Waste: Intentionally injuring someone’s future interest in real property.
      • Fee simple: Owning something outright.
      • Life estate: The right to live on property for the remainder of one's life.
      • Remainder man has future interest in property.
  • To Economic Relations:
    • Interference: Intentionally interfering with contract or business relations beyond normal competition.
    • Unfair Competition: Often involves trade secrets.
    • Disparagement: Discrediting the quality of a product or title (ownership).
  • Others:
    • Intentional Infliction of Mental/Emotional Distress: Requires extreme distress caused intentionally.
    • Reckless Infliction of Mental/Emotional Distress: Resulting from extreme carelessness.
    • Negligent Infliction of Mental/Emotional Distress.
    • Fraud & Deceit:
      • Misrepresentation of a material fact with knowledge or reckless indifference to the truth, intent to deceive, reliance, and resulting injury.
    • Invasion of Privacy.
    • Malicious Prosecution: Abuse of the justice system in criminal cases.
    • Abuse of Process: Abuse of the justice system in civil cases.
• Negligence: Careless injury due to a breach of a duty of reasonable care.
  • Requires proving:
    • Duty of care.
    • Breach of that duty.
    • Proximate cause.
    • Substantial injury.
    • Proximate Cause: Determined by foreseeability.
    • Respondeat Superior: Employer is liable for the actions of employees.
    • Joint Tortfeasors: Parties jointly and severally liable.
    • Contribution Among Joint Tortfeasors: Jury determines the percentage of fault.
• Strict Liability: Liability without fault.
  • Includes:
    • Actions of animals.
    • Extra hazardous activities.
    • Attractive nuisance.
• Nuisance: Interfering with someone’s rights (can be private or public).
• Defamation: False published statement causing injury to reputation (often intentional).
• Workers Compensation: Covers injuries on the job, regardless of fault.

Tort Exceptions Definitions

• Criminal cases require proof beyond a reasonable doubt (95%+) and can result in fines, imprisonment, or death.
• Civil cases involve:
  • Legal Remedies: Ordinary remedies resulting in money damages, proven by a preponderance of the evidence (50%+).
  • Equitable Remedies: Extraordinary remedies (non-monetary), such as injunctions, rescission, specific performance, reformation, and mandamus (requires clear and convincing evidence).
• Crimes are often accompanied by torts.
• Larceny: Taking personal property with the intent to steal it.
• Conversion: Intentionally depriving someone of personal property.
  • Bona Fide Purchaser (BFP): Innocent purchaser in good faith, giving value without notice, may be subject to conversion if refusing to return stolen property.
  • Measure of Damages: Value of the item at the time of deprivation.
• Trespassing on Personal Property: Measure of damages is the loss of use.
• Buying Stolen Property: Crime if you knew it was stolen (receiving stolen property).

Defenses to Intentional Torts

• Lack of Intent - not requiring intent: trespass to land, trespass to person property, reckless/negligent infliction
• Consent: Express (oral or written) or implied (based on conduct).
• Privilege: Absolute and qualified (e.g., police using necessary force).

Defenses to Negligence:

• Contributory Negligence: If the plaintiff is at all at fault, they recover nothing.
• Comparative Negligence: Damages are divided based on the percentage of fault.
  • 50% Comparative Negligence Statute: If the plaintiff is equally at fault, they recover nothing.
  • Ohio Rule: The plaintiff wins if the defendant is >50% at fault.
• Assumption of the Risk: The plaintiff knew of the specific danger.
• Unavoidable Accident: Acting reasonably, no liability exists.
• Doctrine of Last Clear Chance: In contributory negligence states, the plaintiff can still recover if the defendant had the last clear chance to avoid the injury.