Question

1.) What limits are imposed on administrative agencies by each of the following: (a) the courts; (b) Congress; and (c) the executive branch?

2.) Identify the elements a plaintiff must prove in an action for negligence.

Answer 1

1.

The courts exercise a check or a control on a particular rule or order of an administrative agency by means of judicial review. In exercising judicial review, the court may decide either to compel agency action unlawfully withheld or set aside impermissible agency action. Congress has the budgetary power over administrative agencies to restrict or expand the agency's operations, amend the agency's enabling

statute, eliminate the agency entirely, establish general guidelines to govern agency action, reverse or change agency rules or decisions, and confirm some high-level appointments to administrative agencies

2. In which the laws of intentional atteinte allow a plaintiff in order to sue for harm the particular defendant caused on objective, the laws of carelessness allow a plaintiff to sue for harm the defendant caused either by accident or through reckless behavior. With that in mind, please keep negligence in the back of your mind when you are analyzing a scenario involving intentional torts because you may find that a plaintiff will be able to recover in negligence even if he cannot recover for an intentional tort. For example:

Bruce Wayne is the head librarian at the Gotham City Library. Bruce hires Peter Parker, a private security guard, to monitor the library at night. Peter’s job is to walk through the library at closing time to make sure no patrons are still in the building and then lock the doors for the night. One night, Peter a lock up like he is usually supposed to but he or she forgets to walk by means of the building first. Sadly, Clark Kent, an enthusiastic reader, is in typically the library and does not realize that the library has closed. Because Peter forgot to walk through the building, he does not realize that Clark is still inside and Clark gets locked inside the library for the night. If Clark sues Peter for False Imprisonment, Clark will lose because Peter did not intentionally lock Clark in the library. However, even though Clark will not recover for an intentional tort, he can still sue and possibly recover against Philip for negligently locking him or her in the library.

Typically the four factors that a new plaintiff must prove to be able to win a negligence fit are 1) Duty, 2) Breach, 3) Cause, in addition to 4) Harm. When seeking to establish a circumstance for negligence, you need to make sure that just about all four factors have recently been met.