An introduction to the US legal system and US food law
27 important questions on An introduction to the US legal system and US food law
What is federalism? Where is it's legal authority?
- Shared powers between federal and state governments
- Based in the US Constitution
- Authority of federal government is restricted
- States retain authority
Where do the US law making authorities make the law?
- Federal
- Congress: Statutes compiled in US Code
- State
- Legislature: State compilations of statutes (laws)
- Local
- State delegates "police power" authority to
- Municipalities
- Counties
How is Administrative Law in the US put into place?
- Executive branch
- often created via statutes
- Subject matter agencies
- Implementation of Administrative law through the authorities by
- Rulemaking
- Adjucation
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How do US agencies make Regulations?
- Statues delegate authority to agencies
- With the delegated authority, agencies enact regulations to implement statutes
- Statutes and regulations together carry out Congress' purpose
- Administrative Procedure Act (APA)
- Specifies agency procedure
- Permits challenge in court
What is the outline of the rule-making process of the Administrative Procedure Act (APA)?
- Proposed rule-making published in Federal Register
- Outlines Public Participation
- Comment period
- In cases, agency hearing
- Consideration of agencies of comments
- Final regulation is published in the Federal Register
- Then added to the US Code of Federal Regulations
What is the outline of Adjucation of agencies under the APA?
- Only if the agencies have scope on by the statute that requires the issue to be decided
- Must provide notice to interested parties with:
- Submission of evidence
- Representation if desired
- Administrative law judge makes a recommended or initial decision
- the hearing officer must be dependent
- The final agency action is subject to judicial review
What is Judicial Review? 5 USC 706
- not in accordance with the law
- in excess of statutory jurisdiction, authority or limitations
- lack of evidence
What are the two court systems in the US?
- State
- Federal
(but also specialised courts)
What is the hierarchy of US courts?
- Trial Court
- First-level appeal
- Final appeal ("Supreme" Court)
What is the Common Law System?
- Rooted in British system
- Based on court decisions= judge made law
What are the types of decisions in the common law system?
- Judicially-created doctrine
- Constitutional interpretation
- Cases based on statutory provisions
What is a precedent?
- Courts follow legal rules in earlier court decisions
- same jurisdictions
- same or higher level court
- same legal issue
- factually similar cases
- Stare decisis
- Leads to predictability in the law
What does Stare decisis mean?
When is there State Court Jurisdiction?
- State courts can hear any case
- exceptions; sometimes by statute, federal law or administrative law
When is there Federal Court Jurisdiction?
- Federal questions
- Diversity cases
- Cases in which US is party
- If defendant removes himself from state court to federal
What is Trial Court?
- 'Trier of fact'- hears evidence
- Decisions are not always published
- Judge presides
- Some cases are heard by jury
What is an Appellate Court?
- Losing court has right to one appeal
- Consists of Panel of 3 Judges and Rehearing en banc (all judges)
- Court reviews issues of law
- The decisions are published
What is the Supreme Court?
- Plaintiff must get certiorari= seek permission to appeal
- Court hears few cases
- Hears questions of law
- Constitutional questions
- Conflicts amongst Circuit Courts of Appeal
- All 9 judges participate
How to Read a Decision
- Facts
- Procedural history
- Issue
- Decision
What is the Responsible Corporate Officer Doctrine?
- FDA considers corporate official's
- Position in company
- Relationship to violation
- Authority to correct or prevent violation
- Knowledge of and participation in violation are not required
- Other factors
- Harm to public
- Prior warnings
- Seriousness of violation
- ect
What did the U.S. V Park case in 1975 set as a precedent?
What does federal public law add to food law?
- Agency guidance documents in food law
- guidance not legally relevant however
How is federal public law organised?
- Congress with statutes
- Administrative agencies with
- scientific experts
- regulations
- tasks of (1) enforcement and (2) adjudication
- Courts make decisions based on
- common law
- statutory interpretation
What are the origins of food regulations in the US?
- Early statutes triggered by the book: The Jungle by Upton Sinclair
What are the early statutes of US food law?
- Meat Inspection Act of 1906
- Pure Food and Drugs Act 1906
Cite some of the important agencies in food in the US and what their different goals are
- Food Drug Administration (FDA)
- Center for Food Safety and Applied Nutrition
- Food and Drug Administration Act
- Food Drug and Cosmetic Act
- USDA, with FSIS
- governs some foods
- statutory authority
- Federal Meat Inspection Act
- Poultry Products Inspection Act
- Egg Products Inspection Act (part of it)
- liquid, frozen and dried egg products
Who is primarily responsible for producing safe foods?
(and then FSIS, under USDA)
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