Chapter 4

Common Law, Statutory Law,

and Administrative Law

Bystander Cases
What, if anything, must a
bystander do when he
sees someone in danger?

We will examine this issue to see

how the common law works.
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Common Law

Common law is judge-made law (precedent /

stare decisis)

It is the sum total of all published cases decided by

appellate courts.
Each state has its own body of common law.
Federal common law is separate from, and co-exists
with, state common law.
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Bystander Cases
Union Pacific Railway v. Cappier (1903)
Carey v. Davis (1921)
Osterlind v. Hill (1928)
Tarasoff v. U.C. Regents (1976)
Soldano v. ODaniels (1983)
Parra v. Tarasco (1992)

Union Pacific Railway v. Cappier (1903)

Carey v. Davis (1929)

Osterlind v. Hill (1928)

Tarasoff v. U.C. Regents (1976)

Soldano v. ODaniels (1983)

Parra v. Tarasco (1992)

The General Bystander Rule Today

An individual shall not be liable for injury
sustained by others that they did not have
any part in causing, even if they are aware of
the injury and do nothing to assist the
injured person with their predicament.

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Statutory Law

Statutory Law
State Statutes: Enacted by legislature. Some states
allow statutes to be created by
voter initiative (California does this).

Federal Statutes: Enacted by Congress.

Must be passed by Senate and House
of Representatives and signed by
President.
Both houses must repass by 2/3 margin to override
Presidential veto

Title VII of the Civil Rights Act

(1964) (The House)
What one word amendment to section
703(a) did Mr. Smith of Virginia propose?

What two groups of Congresspersons

supported Mr. Smiths amendment? Why?
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Title VII of the Civil Rights Act (1964) (The Senate)

What were Senator Towers concerns?

What amendment was added to the bill by the

Senate in response to Senator Towers concerns?

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Statutory Interpretation (3 primary steps)

Plain Meaning Rule. Ordinary, everyday meaning of the
words.
Legislative History and Intent.
If words are not clear, then look
at what legislature intended.
Public Policy. If words are not clear and legislative
history is not clear, then look to public policy and
courts own precedent.

Griggs v. Duke Power Co.

Summary of facts

Whats the issue?

How did the Supreme Court rule and why?

Administrative Law
Administrative agencies exist at federal, state,
and local levels.

Administrative agencies
are created by the passage of enabling
legislation. They are delegated authority to
regulate an industry or task (by Congress at
the federal level).

Administrative Agencies
Federal agencies are either:
Independent or
Executive
The Administrative Procedure Act (APA)
regulates and controls ALL federal
agencies (whether Independent or
Executive)

Power of administrative agencies

(overview)
Rulemaking

Investigation

Adjudication (enforcing)

Administrative Agency Rulemaking

Agencies promulgate (create):
legislative rules
interpretive rules

Two basic methods of rulemaking:

Informal rulemaking; notice and comment.
Formal rulemaking; public hearing required first to which
agency must make formal written response
Hybrid rulemaking; a little of both

Administrative Agency Investigation Techniques

Voluntary furnishing of information by

companies
Subpoena: order to appear at particular time
and place to provide evidence
Subpoena duces tecum: order to appear
and bring specified documents
Search and seizure

Administrative Agencies Limits on

Investigation
Relevancy to agencys lawful investigation
Not unreasonably burdensome
Not seeking privileged information (e.g., 5th
Amendment right against self incrimination)

Doe vs. Maryland Board of Social Workers

Summary of facts
How did the lower court rule?
Whats the issue?
How did the state supreme court rule and why?

Administrative Agencies Adjudication

Administrative agencies adjudicate (try cases, like
courts)
Most hearings are before an
Administrative Law Judge (ALJ),
with no jury.
Decisions can be appealed within
agency and then to federal court;
BUT all possible appeals must first
be made within agency itself
(doctrine of exhaustion of remedies)

Holly Farms Corp. v. NLRB

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FOX T.V. vs FCC

Summary of facts
What was the appellate courts ruling?

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Freedom of Information Act

Any citizen or executive may make a FOIA
request to any federal government agency
Two types of data available
upon request:
How agency operates, how it spends its money and
what statistics and other information it has collected
on a given subject
Any records the government has about them