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Administrative Studies
ADMS 2610
Richard Gasparini

Session 1Chapter 1 The Lawthe body of rules of conduct that are obligatory in the sense that sanctions are normally imposed if a rule is violated Common law and statute law are two major source of lawThe Common Law or Case Law the law as found in the recorded judgments of the courts oThis common law could be determined from them through the doctrine of stare decisis to stand by a previous decision ie the doctrine means that a judge must apply the previous decision of a similar or the same case The decision can be provided from the1 judges own court 2 a court of equal rank or 3 higher court The Statute Lawthe law passed by a properly constituted legislative body The statutes laws are the product or end result of a legislative process Steps in the legislative processoIdea for legislative proposaloMinistry review of proposaloMinister approvaloCabinet submission by ministeroCabinet submission reviewed by ManagementoBoard of CabinetoApproved cabinet submission sent to LegislativeoDrafting OfficeoFirst reading of the billoSecond readingoSelect or standing committeeoCommittee of the whole houseoThird readingoRoyal assentoProclamation in forceBilla proposed law presented to a legislative body Bill requires motion to be read Motionthe decision to read a bill a first timeRoyal Assentneeded in order for a bill to become law federal levelnever refuse the bill but at provincial leveloccasionally bills have been refused Proclaimedwhen a law becomes effective Sometime government may not wish implement the law until some time in the future so they do not proclaim it yet and wait Revised statutesupdated or amended statutes to make sure statutes law are accurate and current Administrative Lawa body of rules governing the application of statutes to activities regulated by administrative tribunals of boards Chapter 4 Intentional Torts A tort and crime can arise from the same incident Distinction between criminal and tort lawoCriminal is public crown brings the actionPublic wrongs or wrongs against societyoTort law is private injured party brings the action in civil courtPrivate wrongs or wrongs against the individualIntentional Torts with a Person AssaultA threat of violence or injury to a personBatteryThe unlawful touching or striking of another personoNot every application of force is a battery in law Applied with the intention of causing harm If it does not call harm it must be done without consent or in angerEmployer Vicarious LiabilityEmployer is liable for the actions of an employee for acts during the course of businessoEmployer liable only for civil consequences not criminal unless directed or authorized the actDamagesTo compensate victim for injuries and Punitive damages awarded in situations of vicious and unprovoked attacksDefensesoProvocationOnly taken into account in determining punitive damages ie still have liability oSelf DefenseCan be a complete defense if establish defendant had a genuine fear and forced used was reasonable in circumstancesFalse imprisonmentUnlawful restraint or confinement of the individual by a personMost common in security personnel situationsNeed not require actual physical restraintMay restrain if a crime was committedPeace officers may mistakenly restrainPolice must have reasonable and probable groundsoForcible Confinement Confinement against a persons willA criminal offenceLack of resistanceis generally not a defenseDefences but should still contact police immediatelyoif you find someone committing an indictable offence you can arrest the personoif you have reasonable grounds to believe a criminal offence has been committed and the person committing it is escaping from someone who has authority to arrest the person you may arrest that person
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