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ADMS 2610 (430)


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Administrative Studies
ADMS 2610
Robert Levine

Lecture 1. FEW TERMINOLOGY: Action/ Lawsuit/legal proceedings in the court of law A case is a decided law suit, an act that was taken into action, for appeal, sets out the facts and the decisions. Usually set up as case: name of person sued upon Vs person suing . Legislation: written law passed by the government of Canada Synonym for legislation is statute, enactment of a governmental legislature or act. Eg. Ontario Consumer protection act. Privacy act Canada Jurisdiction: Power/ control of a governmental authority over the area(s) of law. The provisions for the federal and province is clearly set out. But sometimes due to section 91 and 92, there are grey areas where the provinces may try to pass legislation that may look like a federal legislation. In such a case, the Paramountcy rule is enacted,which states that if there is a conflict between the provincial and federal legislation, the provincial legislation fails and the federal legislation prevails. Ultravires: outside of the its jurisdiction. Second meaning of jurisdiction: Power/ control of the court over given area of law. Eg. Superior court is considered a high court. Jurisdiction whether provincial or federal can be given to a lesser body which is not a court, and these are called the tribunals. The power is delegated from the government to these tribunals specifically and in specific situations. On the other hand, (usually the p
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