Neither of the two suggested substitutes satisfy this basic requirement of the Delegation Doctrine. These are terms descriptive of the elements of adjudicative type judgments, although not necessarily so limited. Ultimate facts are mixed findings of fact and law and are actually conclusions that subsidiary findings do or do not satisfy applicable legal criteria. Subsidiary facts are the historical facts of a case usually limited to what are perceivable by the senses and derived from the evidence presented. Subsidiary facts may also be predicated on occasion on opinion evidence from experts.
Substantial evidence is a phrase that has three different, though related meanings.
B. State the general criteria you employ in characterizing an administrative determination as legislative, or as adjudicative. Superficially, the proclaimed right of a party aggrieved to judicial review that opens Sec. 702 and Justice Rehnquist's presumption the other way seem to be at opposite poles. However, the last sentence of 702 subordinates the section to Sec. Rehnquist makes the point that prosecutorial and enforcement decisions have, on the one hand, been traditionally given into the unreviewable discretion of the prosecutor and on the other, involve the exercise of discretionary judgments regarding which no criteria for evaluation either have been or appear to be discernable.