constitutional-fact doctrine. 1. The rule that federal courts are not bound by an administrative agency’s findings of fact when the facts involve whether the agency has exceeded constitutional limitations on its power, esp. regarding personal rights. • The courts reviewed the facts de novo to afford protection of constitutional rights. Although it has not been […]
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A determination by a judge, jury, or administrative agency of a fact supported by the evidence in the record, usu. presented at the trial or hearing [he agreed with the jury’s finding of fact that the driver did not stop before proceeding into the intersection]. — Often shortened to finding. See FACT-FINDER. Cf. CONCLUSION OF
A contract in which a government receives goods or services. • A procurement contract, including the bidding process, is subject to government regulation. See FEDERAL ACQUISITION REGULATION. — Also termed government contract. [Cases: Public Contracts 5. C.J.S. Public Administrative Law and Procedure §§ 7–9.]
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The law governing the organization and operation of administrative agencies (including executive and independent agencies) and the relations of administrative agencies with the legislature, the execu-tive, the judiciary, and the public. • Administrative law is divided into three parts: (1) the statutes endowing agencies with powers and establishing rules of substantive law relating to those
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administrative capacity 行政(管理)能力或资格(→administrative act; administrative discretion; administrative employee)
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Patents. A semiretired administrative patent judge who remains active in hearing interferences in the U.S. Patent and Trademark Office. — Abbr. SAPJ.
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administrative-law judge. An official who presides at an administrative hearing and who has the power to ad-minister oaths, take testimony, rule on questions of evidence, and make factual and legal determinations. 5 USCA § 556(c). — Abbr. ALJ. — Also termed hearing examiner; hearing officer; trial examiner. [Cases: Administrative Law and Procedure 443. C.J.S. Public
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retroactive, adj. (Of a statute, ruling, etc.) extending in scope or effect to matters that have occurred in the past. — Also termed retrospective. Cf. PROSPECTIVE(1). [Cases: Administrative Law and Procedure 419; Courts 100(1); Statutes 261–278. C.J.S. Courts §§ 147–148; Public Administrative Law and Procedure §§ 89, 98; Statutes §§ 407–431.] — retroactivity, n. “
An issue that is neither a pure question of fact nor a pure question of law. • Mixed questions of law and fact are typically resolved by juries. — Often shortened to mixed question. — Also termed mixed question of fact and law. [Cases: Administrative Law and Procedure 781; Appeal and Error 842(9); Criminal Law
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administrative office of United States courts 〈美〉联邦法院行政管理部 根据1939年《行政管理部法》〔Administrative Office Act〕设立的联邦机构，执行联邦法院的非司法事务，具体包括收集法院工作的统计资料、监督法院中的行政官员、发放工资等。
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