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Administrative Law - 2

Description: Administrative Law - 2
Number of Questions: 15
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Tags: Administrative Law - 2 Administrative Law
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The hearing process in administrative tribunals

  1. is similar to that of an informal court

  2. requires strict adherence to form of rules of evidence

  3. seldom includes the presentation of legal arguments to a decision maker

  4. All of the above


Correct Option: A
Explanation:

(1) The hearing process in administrative tribunals is similar to that of an informal court.

Examples of provincial agencies that have been created to implement broad government policy include

  1. Human Rights Commission

  2. Workers' Compensation Board

  3. Securities Commission

  4. All of the above


Correct Option: D
Explanation:

(4) Provincial agencies that have been created to implement broad government policies include Human Rights Commissions, Workers' Compensation Boards and Securities Commission.

Governments regulate professions by

  1. creating government agencies to monitor each professional registered within a profession

  2. conducing random audits of professionals within the profession

  3. passing a statute to create an entity to regulate or control the profession

  4. All of the above


Correct Option: C
Explanation:

(3) Governments regulate professions by passing an act to create an entity to control the profession.

Examples of activities that fall under the control of regulatory agencies, commissions and boards include

  1. regulation of professions

  2. incorporation of businesses

  3. sale of securities by public companies

  4. All of the above


Correct Option: D
Explanation:

Regulatory agencies, commissions and boards control regulation of professions, incorporation of businesses and sale of securities by public companies.

Adherence to principles of natural justice includes

  1. giving notice of changes to affected individuals

  2. providing affected individuals with the right to present their case

  3. a requirement that affected individuals have legal representation

  4. Both (1) and (2)


Correct Option: D
Explanation:

Adherence to principles of natural justice includes giving notice of changes to affected individuals and providing affected individuals with the right to present their case.

The governing entity will typically

  1. determine skill requirements for particular profession, trade or service

  2. arrange educational or training process

  3. provide for registration or licensing procedure

  4. All of the above


Correct Option: D
Explanation:

(4) A governing entity will typically performs all of the above mentioned acts.

Administrative tribunals are created by

  1. legislation

  2. common law

  3. administrative agencies

  4. precedents


Correct Option: A
Explanation:

(1) Administrative tribunals are specialised governmental agencies established under federal or provincial legislation to implement legislative policy.

Administrative law includes

  1. legislative acts of all levels of government

  2. rules, decisions and directives of public officials, agencies, boards and commissions

  3. clearly established laws that are enforceable through the courts

  4. Both (1) and (2)


Correct Option: D
Explanation:

(4) Administrative law includes legislative acts, rules, decisions and directives of public officials, agencies, boards and commissions.

Regulatory bodies are typically established

  1. to reduce the need for professional standards

  2. based on a perceived need by the government to protect the public

  3. to ensure that services meet certain standards

  4. Both (2) and (3)


Correct Option: D
Explanation:

(4) Regulatory bodies are typically established to ensure that services meet certain standards based on a perceived need by the government to protect the public.

The decision of a board or commission

  1. may automatically be appealed to a higher level agency

  2. may automatically be appealed through the court system

  3. can never be appealed

  4. may, in limited circumstances, be appealed through the process of judicial review in the court system


Correct Option: D
Explanation:

(4) The decision of a board or commission may be appealed through judicial review.

If regulatory agencies act unfairly, then

  1. the court may intervene

  2. an appeal may be possible

  3. the court may not intervene

  4. Both (1) and (2)


Correct Option: D
Explanation:

(4) If regulatory agencies act unfairly, then the court may intervene and appeal can be preferred.

The judicial process to examine the decision of an administrative tribunal is known as

  1. a judicial review

  2. an appeal

  3. a hearing process

  4. a trial

  5. All of the above


Correct Option: A
Explanation:

(1) The judicial process to examine the decision of an administrative tribunal is known as a judicial review.

If a decision made by an administrative tribunal is found by the courts to be unreasonable,

  1. it may be quashed

  2. a new hearing may be ordered

  3. Both (1) and (2)

  4. there is no right of recourse


Correct Option: C
Explanation:

(3) If a decision made by an administrative tribunal is found by the courts to be unreasonable, then it may be quashed and a new hearing may be ordered.

Provincial Securities Commissions

  1. regulate the sale of securities within a province

  2. regulate persons who engage in selling securities within a province

  3. administer provincial securities legislation

  4. All of the above


Correct Option: D
Explanation:

(4) Provincial Securities Commissions perform all the given acts.

Federal Boards and Commissions regulate

  1. radio and television broadcasting

  2. interprovincial transportation

  3. banking

  4. All of the above


Correct Option: D
Explanation:

(4) Federal Boards and Commissions regulate radio and television braodcasting, interprovincial transportation and banking.

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