Administrative Law: Pre-trial Procedure in a Civil Lawsuit (Coursework Sample)

Administrative Law
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Administrative Law
Question one
A notice for hearing under the Administrative Procedures Act (APA) must meet some prerequisites for it to be adequate. For example, it must be given in good time. The administrative authorities and tribunals must give the person enough time to prepare himself for the appearance. In addition, it must detail the reasons why the person is required to appear before the tribunal. The details must include all specific components of the wrong things that the person levelled against the person (Hall, 2014). Furthermore, it must include the details of the location at which the hearing will take place. Accompanying the venue of the hearing should be exact time that the proceeding shall begin. That include when the person is required to appear before the panel. Finally, the person must be notified as to the issues that need his response.
Question two
When issuing decisions after a formal or informal adjudication, agencies are required to observe some crucial formalities. For example, they must include a list of the issues that needed determination. Secondly, they must state their own interpretations and how such issues relate to the law. Following identification of the issues that require determination, the agencies are required to issue their decision for each issue (Hall, 2014). Such a condition means that for each question that was in issue, the agency must indicate its decision. In the same context, it must provide a rationale that led to each decision. The rationale should be guided by legal interpretation of the issues. It must also state the law or laws that was applied during the decision making process.
Question three
Basically, discovery is a pre-trial procedure in a civil lawsuit where the parties to a suit acquire evidence from each other. It is enables a party to build a case through evidence acquired from the adverse party.
There several methods used to conduct the discovery process. One of such methods is deposition. Deposition involves direct questioning of the adverse party who is under oath for matters relating to an upcoming trial. Secondly, discovery can take the form of interrogatories. Interrogatories are written questions which are sent to the adverse party regarding an upcoming trial. The other party is required to answer the questions under oath since the answers can be used in the trial.in the third place, discovery can take the form of evidence requests. The request for evidence is simply one party asking the other to produce tangible evidence relating to the case. Finally, discovery can take the form of request for admission. In this case, the adverse party is required to admit the truth of certain facts under oath.
Question four
In event an agency encroaches on the civil liberties of human beings, the burden of proving the necessity of encroachment should be imposed on it. In other words, the agency should bear the burden of explaining that it was necessary to interfere with the civil liberty of the person. The foregoing condition is based on several reasons. Firstly, the agency is more powerful than the private individual (Woll, 2006). As such it has higher ability to interfere with the rights of the person unnecessarily. At such it should be held responsible when the need to prove necessity steps in. Secondly, civil rights ought to be protected by the state. One way of protecting the civil liberties of the people would be by preventing state agencies from encroaching on them unless there is a pertinent need to do so.
Question one
The doctrine of exhaustion of administrative remedies requires the parties to a case to seek relief from the administrative agencies before resulting to the judiciary. In other words, one...