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ADMS2610 notes

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Administrative Studies
ADMS 2610
Robert Levine

SAMPLE QUESTIONS PART 1QUESTION 1 Total 4 Marks Read the fact situation below and answer the questions that followGeneral Widjits Company Ltd is a private Ontario company which manufactures top quality electric appliancesMr Smith is its sole shareholderowner as well as its sole director and officerMr Smith who has been a landed immigrant for the past 4 years and who is about to apply for Canadian citizenship realizes that if not manufactured properly electrical appliances can be quite dangerous but having had only a public school education in Europe where he is from knows nothing about Canadian law or the Canadian legal systemMr Smith now comes to you an expert on Canadian Business Law to gain a better understanding of the Canadian legal system in order that he can do the right things to make his company grow3aMr Smith now asks you to explain to him the various branches of Canadian government and what they doList the Branches of Government Legislative Executive and Judicial1bAfter you have explained to Mr Smith the different branches of the Canadian government Mr Smith tells you that he has noticed that by our constitution it appears that sometimes our federal government has the right to make laws while at other times only the provincial governments can make lawsHowever he believes that there are times when both governments can make laws in the same area What is the term used when a federal law is said to prevail over a provincial law ParamountcyQUESTION 2 Total 6 Marks Jimmy Fixit is an articling studentJimmy had just been given a fact situation in which James Bigguy the current Prime Minister of Canada inadvertently referred to a businessman named John Strange as a person of unsavoury character with the result that Mr Strange sustained damages because he lost all of his customers after they watched the news and heard Mr Bigguy Jimmy is asked to research the law to determine whether Mr Strange has an action against the prime Minister andor the Federal Government4aIn his research Jimmy will look at a number of judicial decisions or case law Why will he do this and what is this course of law calledThis course of law is called common law and it based on precedentThat is the court will rely on past legal decisions with similar facts to help it decide the case now before it2bOnce again during his research Jimmy finds a number of judicial decisions or cases some of which are from the Ontario Superior Court The Ontario Court of Appeal and the Supreme Court of CanadaIn looking at the different court decisions what rule must Jimmy follow to determine how valuable the decisionsIn a province the higher the court decision the more binding it is on the courts below itThe Supreme Court of Canadas decisions are binding on all lower courts
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