cfest notes #2

Executive law-making

The legislature generally makes criminal laws, but the executive branch influences their enforcement and can exercise delegated regulatory authority.

White case

The government cannot give an agency limited authority and then allow that agency to make rules outside those limits.

Administrative agencies cannot exceed the authority delegated to them by the legislature.

Rule of lenity was applied in the White case.

Legislative intent

what the legislature meant or intended when it passed a law.

What to do if the legislative intent is unclear

Examine the language, legislative history, and purpose.

What to do if the legislative intent is clear and unambiguous.

Apply the statute’s plain meaning.

It is important to know the policy

What is the purpose, reason, something that they needed to address nationwide/citizens at large.

Jury nullification

when a jury believes that a defendant is guilty of a crime but votes not guilty anyway because the jurors disagree with the law or believe applying it would be unfair.