ADMS 2610 Chapter 3: Elements of Law - Chapter 3 - Administrative Lw

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purplewoodchuck173

22 Jan 2012

School

York University

Department

Administrative Studies

Course

ADMS 2610

Professor

Sam Ling

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Document Summary

Part 1 chapter 3 administrative law. Administrative tribunals: regulatory control, the hearing process. Administrative law: includes laws, rules, decisions, and directives of boards, agencies, officials, and commissions, includes all levels of government. Administrative tribunals: agencies created by legislation to regulate activities or do specific things. Process: statute creates the board, commission, or agency to supervise and activity, sets out broad policy guidelines for the regulation of the activity, sometimes boards can be in conflict with each other. Professions and skilled service providers: professionals: usually a self-governing body, business persons or trades: branch of a particular ministry of the government handles regulation. Policy goals: certification or entry requirements, education/training process set up, registration or licensing process. Body has the right of revocation of licenses. union certification, collective bargaining, etc: human rights boards, pay equity, employment standards, workers compensation. Securities regulation: issuance of securities, regulation of investment dealers and brokers, protection from unfair or fraudulent practices.

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I'm taking a Business law class. Constitutional rights" refer to those rights of U.S. citizens which are protected from unreasonable intrusion by the government? T/F Administrative agencies create specific rules and oversee enforcement of duties created by legislation? T/F

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The Internal Revenue Code is the most authoritative source ofincome tax law. In trying to resolve an income taxâ question,however, a tax researcher also consults administrative rulingsâ(Income Taxâ Regulations, Revenueâ Rulings, etc.) and courtdecisions. Whyâ wouldn't the tax researcher just consult the Codesince it is the highestâ authority? Similarly, why is there a needfor administrative rulings and courtâ decisions?

A. The Code contains generallanguage and does not address the many specific situations andtransactions that occur. To resolve tax questions concerningspecificâ situations, administrative rulings and court decisionsare an integral part of the income tax law.

B.The Code does not include alltax laws. Administrative rulings and court decisions contain taxlaws that are not included in the Code.

C.Administrative rulings andcourt decisions contain rulings that can override the Code and thatprovide greater tax savings.

D.Administrative rulings andcourt decisions contain tax laws that are inconsistent with theCode. Tax researchers can use administrative rulings and courtdecisions in place of the law stated in the Code when it is morebeneficial.

Describe the two major types of administrative agencies: executive and independent. Why is it important to have independent agencies?

orchidmule684

ADMS 2610 Chapter 3: Elements of Law - Chapter 3 - Administrative Lw

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