ADMINISTRATIVE LAW MIDTERM
EXAM QUESTIONS & DETAILED
CORRECT ANSWERS NEWEST
VERSION
o Ensure that all parties have been given reasonable notice of the proceeding before
the hearing begins
o Ensure that all parties have an opportunity to present their case
o Ensure that all parties have been informed of the case they have to meet
o Allow all parties to present evidence and to cross-examine witnesses or test the
accuracy of the evidence against them in other ways
o Grant adjournments if a party would otherwise be deprived of a reasonable
opportunity to present its case fully
o Allow all parties to be represented by a lawyer or agent
o Avoid any statements or actions that would suggest that the tribunal has pre-judged
issues or harbors a bias for or against a party
o Apply the law that governs proceedings and takes into account considerations that are
relevant under law
o Gives all parties a chance to make final submissions
o Gives reasons for their decisions that are reasonably clear - CORRECT ANSWER
Similarities of Courts and Tribunals
In tribunals there is no stare decisis, it is less formal, cheaper and faster; can consider
public policy, expertise, adversarial and/orinquestorial, less independent, appointment
for limited term, powers come from statute or regulation, relaxed rules of evidence -
CORRECT ANSWER Differences between court and tribunals
- Community membership
- Specialized tribunals can develop expertise in the subject area
- Can include those affected by tribunal mandates and those with relevant backgrounds
- Structural advantages, including greater accessibility
- Tribunals can often hear cases without delay
- Tribunals are often more informal than courts (but must still adhere to principles of
procedural fairness) - CORRECT ANSWER Advantage of tribunals over courts
§ The government establishes quasi-judicial tribunals to resolve disputes:
o Between a person and a government official who has made a decision that adversely
affects the person
o Between two or more parties
, § Both courts and tribunals make decisions that affect the rights of individuals -
CORRECT ANSWER General Nature of Tribunals
advisory
regulatory
investigative
policy-making
adjudicative - CORRECT ANSWER Functions of tribunals include
interpreting and applying statutes
modifying rights, principles and remedies - CORRECT ANSWER How can courts make
law?
· Rules and principles regulating government agencies that administer/enforce laws and
statute-created bodies
· is the part of the law concerned with:
1. How the government and its agencies implement law and policy and make decisions
that affect individuals and
i. Some level of government making decisions that affect your rights
ii. We are looking at the fairness of these process
2. The role of courts in overseeing those decision-making processes
o When will the court step in when the government wrongs their decision making -
CORRECT ANSWER Definition of Administrative Law
1. Administrators must stay within their legal authority (jurisdiction).
2. Administrators must exercise their discretionary powers in a reasonable way.
3. Administrators must follow fair procedures when making decisions that affect a
person's rights or interests
a. Sliding scale/ came out of the Baker case
b. "procedural fairness'/ "due process"/ "natural justice" - all what a fair procedure has
been called
c. This does not guarantee the outcome, it is to guarantee that the process is fair
4. A person with delegated authority cannot sub-delegate (without express permission)
5. Subordinate legislation (regulations and by-laws) must conform to the enabling
statute.
6. If decision-makers violate any of the above principles, the superior courts have the
inherent power to intervene to rectify this failure ("judicial review"). - CORRECT
ANSWER Six fundamental principles of administrative law
· To demonstrate independence
· To reduce the size, workload or budget of a dept.
· To reduce conflicts of interest
· To provide flexibility in human resources
· To provide expertise and specialization
· To avoid permanence
· To reduce labor costs
EXAM QUESTIONS & DETAILED
CORRECT ANSWERS NEWEST
VERSION
o Ensure that all parties have been given reasonable notice of the proceeding before
the hearing begins
o Ensure that all parties have an opportunity to present their case
o Ensure that all parties have been informed of the case they have to meet
o Allow all parties to present evidence and to cross-examine witnesses or test the
accuracy of the evidence against them in other ways
o Grant adjournments if a party would otherwise be deprived of a reasonable
opportunity to present its case fully
o Allow all parties to be represented by a lawyer or agent
o Avoid any statements or actions that would suggest that the tribunal has pre-judged
issues or harbors a bias for or against a party
o Apply the law that governs proceedings and takes into account considerations that are
relevant under law
o Gives all parties a chance to make final submissions
o Gives reasons for their decisions that are reasonably clear - CORRECT ANSWER
Similarities of Courts and Tribunals
In tribunals there is no stare decisis, it is less formal, cheaper and faster; can consider
public policy, expertise, adversarial and/orinquestorial, less independent, appointment
for limited term, powers come from statute or regulation, relaxed rules of evidence -
CORRECT ANSWER Differences between court and tribunals
- Community membership
- Specialized tribunals can develop expertise in the subject area
- Can include those affected by tribunal mandates and those with relevant backgrounds
- Structural advantages, including greater accessibility
- Tribunals can often hear cases without delay
- Tribunals are often more informal than courts (but must still adhere to principles of
procedural fairness) - CORRECT ANSWER Advantage of tribunals over courts
§ The government establishes quasi-judicial tribunals to resolve disputes:
o Between a person and a government official who has made a decision that adversely
affects the person
o Between two or more parties
, § Both courts and tribunals make decisions that affect the rights of individuals -
CORRECT ANSWER General Nature of Tribunals
advisory
regulatory
investigative
policy-making
adjudicative - CORRECT ANSWER Functions of tribunals include
interpreting and applying statutes
modifying rights, principles and remedies - CORRECT ANSWER How can courts make
law?
· Rules and principles regulating government agencies that administer/enforce laws and
statute-created bodies
· is the part of the law concerned with:
1. How the government and its agencies implement law and policy and make decisions
that affect individuals and
i. Some level of government making decisions that affect your rights
ii. We are looking at the fairness of these process
2. The role of courts in overseeing those decision-making processes
o When will the court step in when the government wrongs their decision making -
CORRECT ANSWER Definition of Administrative Law
1. Administrators must stay within their legal authority (jurisdiction).
2. Administrators must exercise their discretionary powers in a reasonable way.
3. Administrators must follow fair procedures when making decisions that affect a
person's rights or interests
a. Sliding scale/ came out of the Baker case
b. "procedural fairness'/ "due process"/ "natural justice" - all what a fair procedure has
been called
c. This does not guarantee the outcome, it is to guarantee that the process is fair
4. A person with delegated authority cannot sub-delegate (without express permission)
5. Subordinate legislation (regulations and by-laws) must conform to the enabling
statute.
6. If decision-makers violate any of the above principles, the superior courts have the
inherent power to intervene to rectify this failure ("judicial review"). - CORRECT
ANSWER Six fundamental principles of administrative law
· To demonstrate independence
· To reduce the size, workload or budget of a dept.
· To reduce conflicts of interest
· To provide flexibility in human resources
· To provide expertise and specialization
· To avoid permanence
· To reduce labor costs
