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LAWS 3506 (3)
Midterm

LAWS 3506 Midterm: Study Sheet
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2 Pages
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Department
Law
Course Code
LAWS 3506
Professor
Bahaa Sunallah

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Description
Mention the three advantages of tribunals over courts Advantages include: o Decisions made by peers is sometimes more appropriate than a judge as they may bring more sensitivity and personal experience. o Over time, a specialized tribunal is able to interpret law in a more consistent standard. o Less formal and more accessible. the public may be more comfortable appearing before a tribunal. Mention five similarities between tribunals and courts Must ensure that all parties have an opportunity to present their case Must ensure that all parties to be represented by a lawyer or agent Must allow all parties to make final submissions Must give reasons for their decisions that are reasonably clear Must avoid statements or actions that would suggest the tribunal has prejudged or has a bias Mention five differences between tribunals and courts Tribunals are not bound by precedence like in courts. Unlike courts, tribunals do not need to follow the same complicated rules regarding evidence admissibility. Tribunals require little to no disclosure of evidence in advance, compared to courts where evidence disclosure is key. Tribunals have staff who sometimes investigate and prepare a case, where as courts rely entirely on the parties involved to build the case and present evidence Tribunals are less formal, where as courts are formal and follow an adversarial process. Describe five factors of the baker case 1. Explain the statement seen in baker a. Several factors have been recognized in the jurisprudence as relevant to determining what is required by the common law duty of procedural fairness in a given set of circumstances, 2. Summarize what the SCC said in Baker in respect to the duty of fairness Describe five components of the right to be heard, as covered in the textbook. Describe 5 categories of agencies Provide a description for the role that each of the following institutions play in the design and delivery of pubic programs in the administrative state 3. Legislature all public programs must originate with a statute enacted by the provincialterritorialfederal legislature in order to create new legal rights and duties.
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