4535921
Description
Flashcards by chantal Seguin, updated more than 1 year ago
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Created by chantal Seguin
about 8 years ago
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| Question | Answer |
| What is the relationship between admin law and the charter? | The Oakes Test a legal test created by Supreme court of Canada to test when a law violates rights found in the charter, and to decide if the law may nonetheless stand. the test interprets section 1, which states the gov may limit rights if justified. |
| What are the components of Natural Justice? | a body of rules and set of principles of fair procedure that tribunals must follow. - duty to notify -impartial decision maker |
| what are the 3 key principles of fairness? | 1. the right to be heard 2. ruling must be made by an unbiased adjudicator 3. must be based on evidence and decision must be clear |
| what is rule #4? | RULE 4: Advocacy — duty to clients, tribunals and others, disclosure of documents, interviewing witnesses, communication with witnesses giving testimony |
| what is guideline #12? | The paralegal has a duty to represent his or her client diligently and fearlessly. Generally, the paralegal has no obligation to assist an opposing party, or to advance matters harmful to the client’s case. |
| how do decision makers make their decisions at the end? | decisions must be made in a timely and appropriate documented manner - must not be biased -impartial and free |
| what is the question of fact? | A question a judge or jury has to answer with the facts and evidence provided |
| what is the question of law? | a question about what law applies, or how to apply or interpret it |
| what is policy? | The basic principles by which a government is guided |
| members who heard the case, must ....... | DECIDE IT |
| other members may ..... the member in writing the ..... | Assist ....... Decision |
| other members may .... on voluntary basis to other members | Advise |
| what is reverse onus? | when the duty to prove innocence is reversed (such as in criminal narcotics cases) |
| what are provincial offenses? | minor (non-criminal) offenses |
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