Professional Documents
Culture Documents
1. Involve specific parties describes powers and functions which involve the
decision or determination by administrative agencies of the rights, duties, and
obligations of specific individuals and persons
2. Involve judicial function exercised by a person other than a judge quasi-judicial
and adjudicatory are synonymous or correlative, but not all determinations are
judicial.
Distinguished from Judicial Power JP is the power to hear, try and determine all sorts of
cases at law and equity which are brought before the courts. Power and authority to make
a final rather than an initial determination of what the law is and adjudicate the respective
rights or liabilities of the parties
1. Where function primarily administrative when the function is purely
administrative and the power to hear and determine controversies is an incident to
the administrative duty (administrative adjudicatory power).
2. Where function primarily to decide question of legal rights if such decision is
the primary object and not incidental to the administrative regulation, such is
judicial.
*ELEMENT OF JUDICIAL ACTION freedom of action or interdependence, and
the absence of control or coercive influence.
Extent of Judicial Powers
1. Jurisdiction limited
2. Extent of powers depends largely on enabling act.
3. Split jurisdiction not favored
4. Grant of particular power must be found in the law itself.
5. General policy to uphold exercise.
DISTINGUISHED FROM INVESTIGATIVE POWER
1. Investigate to discover, find out, to obtain information
2. Adjudicate to adjudge, arbitrate, settle, judge, decide, determine, resolve, rule
on; To settle in the exercise of judicial authority.
DISTINGUISHED FROM LEGISLATIVE POWER
1. Element of FUTURITY and RETROSPECTION Judicial, quasi-judicial or
adjudicatory action investigates, declares, and enforces liabilities as they stand on
PRESENT OR PAST ACTS AND UNDER LAWS SUPPOSED TO EXIST;
legislation/quasi-legislation, LOOKS TO THE FUTURE AND CHANGES
EXISTING CONDITIONS by making a new rule to applied to all or some part of
those subject thereto.
2. GENERALITY AND PARTICULARITY adjudicatory applies to NAMED
PERSONS or to SPECIFIC SITUATIONS or NAMED PARTIES; rule making
apply to or affect classes of persons or situations or INDICATED BUT
UNNAMED PARTIES.
Classification of adjudicatory
1. Enabling powers grant and denial of permit or application
2. Directing powers corrective powers of public utility commissions, powers of
assessment under the revenue laws, reparations, awards under workmens
compensation
3. Dispensing authority to exempt or relax a general prohibition, or authority to
relieve from affirmative duty.
4. Summary powers power to apply compulsion or force against person or
property to effectuate a legal purpose without a judicial warrant to authorize such
action. Powers not implied.
5. Equitable power to determine the law under a particular state of facts has the
right to, and must consider, and make proper application of the rules of equity.