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Administrative Law Judge
An administrative law judge (ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes involving administrative law, thus involving administrative units of the executive branch of government. ALJs can administer oaths, take testimony, rule on questions of evidence, and make factual and legal determinations. In the United States, the United States Supreme Court has recognized that the role of a federal administrative law judge is "functionally comparable" to that of an Article III judge. An ALJ's powers are often, if not generally, comparable to those of a trial judge, as ALJs may issue subpoenas, rule on proffers of evidence, regulate the course of the hearing, and make or recommend decisions. Depending upon the agency's jurisdiction, proceedings may have complex multi-party adjudication, as is the case with the Federal Energy Regulatory Commission, or simplified and less formal procedures, as is the case with th ...
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United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ...
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Merit Systems Protection Board
The Merit Systems Protection Board (MSPB) is an independent quasi-judicial agency established in 1979 to protect federal merit systems against partisan political and other prohibited personnel practices and to ensure adequate protection for federal employees against abuses by agency management. When an employee of most Executive Branch agencies is separated from their position or suspended for more than 14 days, they can request that MSPB conduct a hearing into the matter by submitting an appeal, generally within 30 days. In that hearing, the agency will have to prove that the action was warranted and the employee may present evidence that it was not. An MSPB decision is binding unless set aside on appeal to federal court. Along with the Office of Personnel Management and the Federal Labor Relations Authority, the MSPB is a successor agency of the United States Civil Service Commission. The board had no quorum for the entire first Trump administration, with the last member ret ...
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Lawyer
A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as well as the lawyer's area of practice. In many jurisdictions, the legal profession is divided into various branches — including barristers, solicitors, conveyancers, notaries, canon lawyer — who perform different tasks related to the law. Historically, the role of lawyers can be traced back to ancient civilizations such as Greece and Rome. In modern times, the practice of law includes activities such as representing clients in criminal or civil court, advising on business transactions, protecting intellectual property, and ensuring compliance with laws and regulations. Depending on the country, the education required to become a lawyer can range from completing an undergraduate law degree to undergoing postgraduate education and ...
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New Jersey
New Jersey is a U.S. state, state located in both the Mid-Atlantic States, Mid-Atlantic and Northeastern United States, Northeastern regions of the United States. Located at the geographic hub of the urban area, heavily urbanized Northeast megalopolis, it is bordered to the northwest, north, and northeast by New York (state), New York State; on its east, southeast, and south by the Atlantic Ocean; on its west by the Delaware River and Pennsylvania; and on its southwest by Delaware Bay and Delaware. At , New Jersey is the List of U.S. states and territories by area, fifth-smallest state in land area. According to a 2024 United States Census Bureau, U.S. Census Bureau estimate, it is the List of U.S. states and territories by population, 11th-most populous state, with over 9.5 million residents, its highest estimated count ever. The state capital is Trenton, New Jersey, Trenton, and the state's most populous city is Newark, New Jersey, Newark. New Jersey is the only U.S. stat ...
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Statute
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. Depending on the legal system, a statute may also be referred to as an "act." Etymology The word appears in use in English as early as the 14th century. "Statute" and earlier English spellings were derived from the Old French words ''statut'', ''estatut'', ''estatu,'' meaning "(royal) promulgation, (legal) statute." These terms were in turn derived from the Late Latin ''statutum,'' meaning "a law, decree." Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette, whi ...
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California Administrative Procedure Act
The California Administrative Procedure Act (APA) is a series of acts of the California Legislature first enacted 15 June 1945 that requires California state agencies to adopt regulations in accordance with its provisions. It predates the federal Administrative Procedure Act that was enacted almost a year later on 11 June 1946. Overview The act allows the public to participate in the adoption of state regulations in order to ensure that the regulations are clear, necessary, and legally valid. The act allows that, as long as a person is not limited by a statute, any interested person can petition a state agency to change regulation. These changes include the adoption of a new regulation or the amendment or repeal of an existing one. According to the act, an agency can adopt a new regulation only if it is within their scope of authority and consistent with state law. The act explicitly states that in any area where state or federal regulations may conflict with the act, state or fede ...
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Cabinet Secretary
A cabinet secretary is usually a senior official (typically a civil servant) who provides services and advice to a cabinet of ministers as part of the Cabinet Office. In many countries, the position can have considerably wider functions and powers, including general responsibility for the entire civil service. The title of cabinet secretary may also be used as an alternative term for a politically appointed cabinet minister, derived from secretary of state—the formal title for ministers. This naming convention is used in Japan, Kenya, Scotland and the United States. Parliamentary systems Australia In Australia the equivalent position is the Secretary of the Department of the Prime Minister and Cabinet, although both the department and its secretary have wider responsibilities than in most other governments derived from the Westminster System. Prime Minister Scott Morrison established a position entitled Cabinet Secretary in August 2019 within the Prime Minister's Offic ...
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Article III Judges
Federal tribunals in the United States are those tribunals established by the federal government of the United States for the purpose of resolving disputes involving or arising under federal laws, including questions about the constitutionality of such laws. Such tribunals include both Article III tribunals (federal courts) as well as adjudicative entities which are classified as Article I or Article IV tribunals. Some of the latter entities are also formally denominated as courts, but they do not enjoy certain protections afforded to Article III courts. These tribunals are described in reference to the article of the United States Constitution from which the tribunal's authority stems. The use of the term "tribunal" in this context as a blanket term to encompass both courts and other adjudicative entities comes from section 8 of Article I of the Constitution, which expressly grants Congress the power to constitute tribunals inferior to the Supreme Court of the United States. ...
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Law Clerk
A law clerk, judicial clerk, or judicial assistant is a person, often a lawyer, who provides direct counsel and assistance to a lawyer or judge by Legal research, researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant roles in the formation of case law through their influence upon judges' decisions. Judicial clerks should not be confused with legal clerks (also called "law clerks" in Canada), court clerks, or courtroom deputies who only provide secretarial and administrative support to attorneys and/or judges. Judicial law clerks are usually recent Law school in the United States, law school graduates who performed at or near the top of their class and/or attended highly ranked law schools. Serving as a law clerk is considered to be one of the most prestigious positions in legal circles, and tends to open up wide-ranging opportunities in Academy, academia, law firm practice, and influential government work. In some countr ...
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Advice And Consent
Advice and consent is an English phrase frequently used in List of enacting formulae, enacting formulae of bill (proposed law), bills and in other legal or constitutional contexts. It describes either of two situations: where a weak executive branch of a government enactment of a bill, enacts something previously approved of by the legislative branch or where the legislative branch concurs and approves something previously enacted by a strong executive branch. General The concept serves to moderate the power of one branch of government by requiring the concurrence of another branch for selected actions. The expression is frequently used in weak executive systems where the head of state has little practical power, and in practice the important part of the passage of a law is in its adoption by the legislature. United Kingdom In the United Kingdom, a constitutional monarchy, bills are headed: BE IT ENACTED by the Queen of the United Kingdom, King's most Excellent Majesty, by an ...
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Associated Press
The Associated Press (AP) is an American not-for-profit organization, not-for-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association, and produces news reports that are distributed to its members, major U.S. daily newspapers and radio and television broadcasters. Since the award was established in 1917, the AP has earned 59 Pulitzer Prizes, including 36 for photography. The AP is also known for its widely used ''AP Stylebook'', its AP polls tracking National Collegiate Athletic Association, NCAA sports, sponsoring the National Football League's annual awards, and its election polls and results during Elections in the United States, US elections. By 2016, news collected by the AP was published and republished by more than 1,300 newspapers and broadcasters. The AP operates 235 news bureaus in 94 countries, and publishes in English, Spanish, and Arabic. It also operates the AP Radio Network, which provides twice ...
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Appointments Clause
The Appointments Clause of the United States Constitution empowers the president of the United States to nominate and, with the advice and consent (confirmation) of the United States Senate, appoint public officials. Although the Senate must confirm certain principal officers (including ambassadors, Cabinet of the United States, Cabinet secretaries, and United States federal judge, federal judges), Congress may by Act of Congress, law invest the appointment of "inferior" officers to the President alone, or to courts of law or heads of departments. Text The Appointments Clause appears at Article II, Section 2, Clause 2 and provides: Appointments Clause aspects Nomination The president has plenary power to nominate political appointees, and the Senate's role is only advisory to the nomination, because the president is not bound to appoint his own nominee even with their advice. As Gouverneur Morris stated in the Constitutional Convention (United States), Constitutional Conventio ...
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