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Administrative Law - 1

Description: Administrative Law - 1
Number of Questions: 15
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The Province of Quebec uses a source of law known as

  1. Statute Law

  2. Stare Decisis

  3. Common Law

  4. Civil Code


Correct Option: D
Explanation:

(4) The Province of Quebec uses a source of law known as the Civil Code.

Statutes are

  1. cases decided by judges in Canada

  2. laws established by governing bodies in particular jurisdictions

  3. laws which determine the power of the federal and provincial governments

  4. laws which outline the rights of individuals in a province

  5. All of above


Correct Option: B
Explanation:

(2) Statutes are laws established by governing bodies in particular jurisdictions.

The final stage in a bill becoming a law is

  1. royal assent

  2. third reading by the House of Commons or Provincial legislature

  3. proclamation by the government

  4. approval by the senate

  5. None of above


Correct Option: C
Explanation:

(3) The final stage in a bill becoming a law is proclamation by the government.

Administrative law refers to

  1. a body of law which is enforced by specialised administrative tribunals

  2. a body of law which deals with the administration of court processes

  3. a body of law which deals with administrative processes

  4. a body of law which regulates government action

  5. All of above


Correct Option: A
Explanation:

(1) Administrative law refers to a body of law which is enforced by specialised administrative tribunals.

The term "common law" refers to

  1. case law

  2. a source of law based on previously decided cases dealing with similar issues

  3. a source of law based upon precedent

  4. All of the above

  5. None of above


Correct Option: D
Explanation:

(4) The term "common law" refers to case laws, previous decided cases and law based on precedent.

The term "stare decisis"

  1. refers to the precedent system of law behind the common law system

  2. means that the judges must follow decisions from courts in any province in Canada

  3. means that the judges must follow decisions from the Supreme Court of Canada

  4. means that the judges must follow decisions containing similar facts across Canada


Correct Option: A
Explanation:

(1) The term "stare decisis" refers to the precedent system of law behind the common law system.

Amendment to the Canadian Charter of Rights and Freedoms requires which of the following?

  1. A vote in support of the amendment by a majority of the members of the Parliament

  2. A vote in support of the amendment by members of the Parliament who represent 2/3 of the provinces in Canada

  3. A vote in support of the amendment by members of the Parliament who represent 50% of the provinces in Canada and 2/3 of the country's population

  4. A vote in support of the amendment by members of the Parliament who represent 2/3 of the provinces in Canada and 50% of the country's population


Correct Option: D
Explanation:

A vote in support of the amendment by members of the Parliament who represent 2/3 of the provinces in Canada and 50% of the country's population.

Charter rights are not absolute. They may be overridden in limited circumstances where the

  1. government wishes to pass a law, which conflicts with the Charter using the 'notwithstanding' clause

  2. rights of an individual could be exercised to the detriment of the general public

  3. limitation is justified in a free and democratic society

  4. All of the above


Correct Option: D
Explanation:

Charter Rights may be overridden in limited circumstances where the government wishes to pass a law, which conflicts with the Charter using the 'notwithstanding' clause, rights of an individual could be exercised to the detriment of the general public and limitation is justified in a free and democratic society.

The Charter of Rights and Freedoms contains a 'notwithstanding' clause, which allows the government to

  1. pass a law which conflicts with the Charter without amendment of the Constitution which automatically expires after 5 years

  2. pass a law which conflicts with the Charter without amendment of the Constitution

  3. pass a law which conflicts with the Charter provided approval of a majority of the government members is obtained

  4. pass a law which conflicts with the Charter for an indefinite period


Correct Option: A
Explanation:

(1) The Charter of Rights and Freedoms contains a 'notwithstanding' clause, i.e. to pass a law which conflicts with the Charter without amendment of the Constitution, which automatically expires after 5 years.

The Supreme Court invalidated a "legislative veto" in INS v. Chadha (1983). Has this decision significantly hampered efforts in Congress to control the work of federal administrative agencies?

  1. No, because the Chadha opinion spoke only about a rarely-used "committee veto" and left in place any one-house or two-house vetoes.

  2. Yes, because there are too many agencies for Congress to effectively monitor their budgets.

  3. No, because Chadha only applied to legislative meddling in what was essentially an adjudication about an individual’s immigration status.

  4. No, because Congress still passes legislation restricting agency spending and limiting their authority to make rules on certain subjects.


Correct Option: D
Explanation:

No, because Congress still passes legislation restricting agency spending and limiting their authority to make rules on certain subjects.

In Schecter Poultry Corp. v. United States (1935), the Supreme Court overturned the conviction of a poultry dealer who had allegedly engaged in illegal sales practices. What would you say was the most important problem with the statute or prosecution in Schecter?

  1. There was insufficient evidence that Schecter had selected particular chickens to suit particular customers.

  2. The statute did not create an "intelligible principle" to guide the agency in its definition of the statutory phrase "fair competition."

  3. Congress attempted in that statute to delegate to an administrative agency the power to define criminal conduct.

  4. The statute gave to trade associations and other unaccountable private groups the power to draft "codes" of fair competition that the government could adopt and enforce.


Correct Option: D
Explanation:

The statute gave to trade associations and other unaccountable private groups the power to draft "codes" of fair competition that the government could adopt and enforce.

Does federal law prohibit ex parte communications from private parties to administrative agency employees who are deciding whether to adopt a rule during notice-and-comment rulemaking proceedings?

  1. Yes, because a reviewing court must have an adequate record before deciding whether an agency had adequate support for its rule.

  2. No, because section 53 is silent on the question of ex parte contracts.

  3. Yes, but only when the rulemaking resolves competing claims among a small group of claimants to a valuable governmental benefit.

  4. No, so long as the agency can demonstrate that the comment dealt only with policy questions and did not introduce new data.


Correct Option: B
Explanation:

No, because section 53 is silent on the question of ex parte contracts.

The law may be defined as

  1. a set of rules that enable people to live together and respect each other's rights

  2. a body of principles recognised and applied by the state to the administration of justice

  3. a statement of circumstances in which the public force will be brought to bear through the courts

  4. All of the above


Correct Option: D
Explanation:

(4) The law may be defined as set of rules, a body of principles and a statement of circumstances in which the public force will be brought to bear through the courts.

The functions of the law include

  1. settling disputes

  2. providing protection

  3. establishing rules of conduct

  4. All of the above


Correct Option: D
Explanation:

(4) The functions of the law include settling disputes, providing protection and estabilishing rules of conduct.

The Civil Service Act prevents the President or other executive branch officials from removing a “protected” employee unless there is just cause for the removal and the government follows an elaborate set of procedures to establish proper grounds for the removal. Does Morrison v. Olson cast constitutional doubt on this statute?

  1. Yes, because some of the protected employees carry out purely executive functions.

  2. No, because Morrison does not address the proper procedure for removal, only the grounds for removal.

  3. No, because Congress does not participate in the removal process.

  4. No, because removal of protected employees would not interfere with the ability of the President to perform his (or her) duties.


Correct Option: D
Explanation:

No, because removal of protected employees would not interfere with the ability of the President to perform his (or her) duties. 

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