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[DOC File]FORMALISM AND RULE-SCEPTICI S M
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Accordingly, to regulate such a sphere the legislature sets up very general standards and then delegates to an administrative, rule-making body acquainted with the varying types of case, the task of fashioning rules adapted to their special needs. ... or the ground that it is not required by any rule established by statute or earlier precedent ...
statutes rules and regulations

[DOC File]I
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Mandatory vs. discretionary language: the may vs. shall rule: When statutes use mandatory language (shall rather than may) courts often interpret the statute to exclude discretion to take account of equitable or policy factors. But in In re Cartmell’s Estate: the word “may” can be construed as shall and must if such is the legislative intent.
statute vs law

[DOCX File]Notice of Exclusion of Confidential Information from ...
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[NOTE: If Rule 5(A)(1 or 3), 5(B)(1 or 2), or 5(D)(2) provides the basis for exclusion, you must also list the specific law, statute, or rule declaring the information confidential.] Respectfully submitted, _____[Insert Name] CERTIFICATE OF SERVICE. I certify that on this _____ day of _____, 20_____, the foregoing was served upon the following ...
florida impact rule statute

[DOC File]Emergency Rules (Duration) - Administrative Rules
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The rule shall be published in the Michigan register and in the code. Maryland. In Maryland, emergencies typically are for up to 6 months. The old statute automatically kicks back in at the expiration of the emergency, under State Government Article, Section 10-111(b)(iv)(ii), Annotated Code …
regulation vs statute vs law

Administrative Law Outline
Rule vs. Order. Rule . APA §551(4) – Rule means the whole or part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the ...
indiana home rule statute

[DOC File]STATUTORY INTERPRETATION
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Green v. Bock Laundry (1989) (rule of evidence re witness credibility): Even new textualists provide exception for absurd results. LaRue v. DeWolff (2008) (ERISA re plans or just individuals): ROBERTS CONCURRENCE. Look at alternative remedy under different statute. -----ADMINISTRATIVE LAW
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[DOC File]TRIBAL AND STATE JURISDICTION
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Public Law 280 Jurisdiction In general, a State with complete Public Law 280 civil jurisdiction has jurisdiction over domestic relations actions, to which Indians are parties, and which arise in Indian country. A case in point is Becker County Welfare Department vs. …
code vs statute

[DOC File]WHAT DOES EACH OF THE AFFIRMATIVE DEFENSES MEAN
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The “Statute of Frauds” is a law that requires many different types of contracts be in writing. There are some exceptions to the Statute of Frauds, but if you think the claim the plaintiff is suing you for arose out of an agreement that was required by law to be in writing, but …
law statute rule

[DOC File]Arbitrary and Capricious - Santa Clara Law
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Administrative competence gets the nod but its much easier to undermine NL rules than Leg rules. To the extent the agency is sticking to business, the Courts will defer. ... Cisneros, §704 means: If the review w/in the agency is mandatory based on a statute or rule, then the agency action is not final. If the review w/in the agency is optional ...
statutes rules and regulations

Statute vs administrative rule