government

Definition

Subject matter that the Supreme Court deems to be inappropriate for judicial review because discretionary power over it should be left to the politically accountable branches of government (i.e., the President and Congress).

Definition

The rule that, under the Equal Protection Clause of the Constitution, legislative voting districts must be the same in population size. The idea behind the rule is that one person’s voting power ought to be roughly equivalent to another person’s within the state. See Reynolds v. Sims, 377 U.S. 533 (1964).

Definition

Intentional conduct that is wrongful or unlawful, especially by officials or public employees. Malfeasance is at a higher level of wrongdoing than nonfeasance (failure to act where there was a duty to act) or misfeasance (conduct that is lawful but inappropriate).

Definition

Suitable for courts to hear and decide on the merits.

Definition

The legal principle that political entities (such as states, nations, or courts from different jurisdictions) will mutually recognize each other’s legislative, executive, and judicial acts. The underlying notion is that different jurisdictions will reciprocate each other’s judgments out of deference, mutuality, and respect.

In Constitutional law, the Comity Clause refers to Article IV, § 2, Clause 2 of the U.S.

Definition

The chief law enforcement officer of the federal government or a state. The U.S. Attorney General represents the United States in litigation, oversees federal prosecutors, and advises the President and heads of federal, executive departments on legal matters. State attorneys general represent their states in litigation, oversee prosecutors, and advise members of their states' executive branches on legal matters.

Definition

An independent hearing examiner who presides at an administrative hearing. An ALJ has the power to administer oaths, receive evidence, take testimony, and make initial findings of fact or law. An ALJ’s findings are subject to review and modification by agency heads. Also termed hearing examiner; hearing officer; and trial examiner.

Definition

A federal statute that governs the procedures and practices of administrative law.

§ 3 of the APA, 5 USC § 552, addresses the procedural formalities that agencies must employ when making decisions. There is a distinction made between (i) general regulations made through the process of rulemaking and (ii) case-by-case decisions made through the process of adjudication.

§ 10 of the APA, 5 USC §§ 701-706, deals with judicial review of administrative agency decisions.

Definition

A trial-like proceeding before an administrative agency or administrative law judge. As in a trial, evidence is proffered and testimony is given. Unlike a trial, an administrative hearing is often shorter in duration and more informal in nature.

Definition

A paper ballot submitted, before an election day and often by mail, by a voter who is unable to attend the official polling station on election day. Also termed absentee vote.