[GET] Administrative Law Exam Questions Model Answers
It is concerned not with the decision but with the decision-making process. Note also 3 month time limit. FACTS: Frank and James should each write a letter of claim to the committee, which outlines the detail of their respective claims. Part 54...
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Division of Powers – How To Write Examinations
Using power given by the enabling Act to achieve an improper purpose Porter v Magill Using an irrelevant consideration before exercising the power. Ex parte Venables 3. Unlawful delegation of power. Barnard v National Dock Labour Board 4. Dictation by third party to person given the power by the enabling Act. Roncarelli v Duplessis CAN 5. Fettering of discretionary power. Polemis 6. Error of fact made before exercising power. Error of law made before exercising power. This may have been unlawful delegation, as the committee is not explicitly given this power by the Act. However, it is part and parcel of the administration of government to delegate tasks to civil servants working for a government organisation as a minister or other head in local government cannot be expected to deal with every single aspect of administration. The Carltona Principle applied here would make this a valid delegation. Frank may claim that this amounts to a fettering of discretion. However, the courts recognise that government bodies need to operate policies in order to administer their affairs with consistency.
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Discretion, which involves making a choice, arguably runs counter to the formal theory of the rule of law; part of which requires certainty in the law and consistency when making decisions. It does not mean that a policy cannot be run but the decision-maker must show that each application is genuinely considered. Frank would likely be successful on this point as happened in ex parte A because his application does not appear to have been weighed up. Right to be given a reason for the decision. Ex parte Doody There is no general duty to give reasons for a decision under common law. Ex parte Doody. However, if it is shown that the giving a reason is not too burdensome or costly to the body or is not complicated, the court may impose the duty on the authority to give Frank its reasons. Ridge v Baldwin A person has a right to be informed of the case against them including the source of allegations provided that it would not prejudice the fight on crime, confidentiality or national security.
Sample NCA Exam Answer Guidance
Ex parte Al-Fayed A person has a right to prepare a response in reasonable time and to have advance notice. The right to be legally represented exists in regard to criminal court cases. Civil remedies such as Injunctions are available as is an award of damages which is extremely rare. Both are clearly directly affected by decisions made by a public authority. Both must make an application to review under the Human Rights Act within one year. FACTS: Frank may wish to make an application citing articles 8 and 14 while James may wish to make a claim under article 6. An absolute right or 2. A qualified right or limited right? If the human right has been limited in a lawful way to achieve a legitimate aim in a method that is just and proportionate then the claim will fail. This does not extend to all administrative matters.
ADMINISTRATIVE LAW
It applies to the handling of criminal charges and of civil rights or civil obligations. He can rely on the common law rules related to fair hearing. Remedies for Human Rights Review If an applicant is successful, s. Ghaidan v Mendoza This mechanism is provided by s. Adeyinka Makinde Related Papers.
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I believe that this is a rule and not an adjudication because it is applicable to many people tourist, campers, tour operators, etc. The next question to address is what does the enabling statute provide as to rule-making in terms of formal or informal procedures. Ideally the statute would have stated that the rule be made "on the record after opportunity for a hearing. An initial ground for attack would therefore be on whether the agency followed the proper procedure in passing the rule by complying with the APA requirements for formal rule-making.
Administrative Law Exam
The agency can argue that formal rule-making was not required by the statute citing U. Fla East Coast Railway that there is a strong presumption for informal rule-making. The agency is likely to prevail on this point. There are other grounds for attack of this rule. In Abbott Laboratories the Supreme Court expressed the "presumption of reviewability" of agency action. Congressional intent to preclude review has to be demonstrated by clear and convincing evidence. The statute specifically provides for judicial review of nationwide rules but is not clear and explicit in prohibiting review of rules which are not nationwide.
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The basis for review here will be that the agency acted beyond the scope of its authority in enacting the proposed rule. The actions the agency took in this regard are 1 redefining certain species of large mammals to the larger mammals of each species and; 2 redefining "take" to mean "giving, or attempting to give food. This argument is that the agency is mis-interpreting the statute.
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In such cases we must analyze the agency's interpretation of the statute under the Chevron test. With regard to the first step the statute has not really addressed the issue of what is a large mammal so then we look to whether the agency's interpretation of what is a large mammal is "reasonable. The agency's interpretation of the "take" provision of the statute is another matter. The statute seems to have spoken clearly on what it means to "take" and thus this portion of the regulations seems to fail step 1 of the Chevron test.
LexisNexis Questions and Answers - Administrative Law, 3rd edition
Our argument has to be then that the part of the regulations expanding the definition of "take" is impermissible by the statute. We will cite INS v. Cardoza-Fonseca for the proposition that the question of whether Congress intended for "take" to include "feeding or giving food" is a pure question of statutory constructions for the courts to decide. In my opinion we may be successful in defeating the rule which broadens the definition of "take" beyond that which is in the statute. My opinion is reinforced because of the imprisonment penalty provision of the statute. It would seem to me that only the congress can enact criminal laws and that the delegation of this power to the agency would be an unpermissible delegation. Additional comments: 1 The fact that the statute was re-passed in does not save the changes now proposed because it involves no acquiescence from Congress on these changes. Also if the statute is unconstitutional Congress' acquiescence is immaterial see Chadha.
Notes on 1993 Exam
The Act does not require a hearing on the record so the adjudication is informal. The APA has no rules for informal adjudication see page Whether Alice, Bob and Carol have no right to a hearing must be determined on the basis of "due process" standard. Loudermill quoting with approval Mullane v. This due process standard requires "some kind of hearing" the form of hearing required is determined from a balancing of the competing interests at stake.
NCA Canadian Administrative Law
The three part test is the 1 the interest of the claimant adjusted by, 2 the increased accuracy and 3 the increased burden or cost of the safeguard. In the language of Matthews v. Eldridge: 1 the private interest that will be affected by the official action, 2 the risk of an erroneous deprivation of such interest through the procedures used, and 3 the government's interest including the fiscal and administrative burdens that additional or substitute safeguards will entail. The first step to take to balance the interests is to determine what kind of interest each of these individuals have. To have a property interest in a benefit, a person must have a legitimate claim of entitlement to it or a legitimate expectation of receiving such benefit. Board of Regents v. In each of the cases of Alice, Bob and Carol it seems that each of them have a legitimate claim of entitlement to the benefit so they meet the first criteria.
Questions & Answers: Administrative Law
We must next then determine "how much process is due". In the cases of Alice and Carol the interest involves life or death and thus triggers a pre-termination hearing Goldberg. Bob's case also involves life or death but since he was never allowed the benefits the hearing cannot be pre-termination. Nonetheless a hearing should be afforded within a reasonable time. This provision does not lead to a more objectively reasonable action and thus does not save the process or preclude the need for a hearing. Certainly the hearing required needs to be suitable for the determination to be in conformity with fundamental principles of justice. In this case Alice should be able to examine and rebut the evidence that she had non-disclosed additional income and whether that income put her over the maximum allowed. In Alice's case she probably is entitled to a trial-type hearing in order to be able to confront the evidence presented against her and test its credibility.
ADMINISTRATIVE LAW SUMMARY PREVIOUS EXAMS ANSWERS
Bob would have the opportunity to challenge the conclusion that he is not ill and that Frumious Malady is not an acute grievous and life threatening illness. This proof could, however, be submitted through documentary evidence since it would involve more of scientific conclusion than the challenging of anyone's credibility. Carol similar to Alice should have a trial type hearing to challenge the accusations that she was smoking and drinking and to challenge the credibility of the witnesses. All three should be entitled to a right to counsel at their own expense and also to an impartial decision maker. This does not necessarily rule out an agency employee as the impartial decision maker unless there is an unacceptable risk of bias. The three are entitled to written statement as to the information and evidence relied upon in the determination.
Administrative Law Exam Questions And Answers
These provisions will substantially increase the accuracy of the determinations made thus fulfilling the second test. The increased burden of these safeguards do not seem out of line since we are here dealing with the value of three lives. In all three cases the procedural process must be enough to give a correct resolution to the dispute involved due to the magnitude of the interest life or death. In short Alice, Bob and Carol should be given an opportunity to challenge the evidence against them during the hearing and be entitled to the full elements of a hearing as elaborated in Goldberg. That is 1 an impartial decision maker, 2 an opportunity to be heard, 3 opportunity to cross-examine, 4 no ex-parte or expostfacto fact finding, decision must be on the record, and 5 a written decision with reasons. As an additional note this statute may perhaps be challenged on the basis that there are no clear standards and thus an improper delegation.
Administrative Law Model Answer Spring
The court using Amalgamate Meat doctrine would read reasonableness into the statute. This new section is inserted to correct what I perceive as a problem in administrative law that the agency is given too much deference and reviewability is limited even with regards to findings of fact. This would be to correct the situation created by the application of the Universal Camera doctrine. In that case the court determined that the agency could overturn the hearing officer who had first hand impressions of the witnesses and was an impartial party to the proceedings. The court allowed this reversal and took the burden off the agency. In order to justify it's decision the agency only had to point to some evidence on the record which would support its conclusion.
Административное право тест с ответами 210 вопросов
This is a subtly shift against a claimant who has already proven her case to an independent trier of facts. In my opinion this unfairly reverses the burdens and puts the agency in an advantageous situation by allowing not only close decisions to go its way but by stacking the deck against any opposition to agency action. This is unfair particularly if the agency action is directed by the upper echelons of the agency and who are the ones to have virtually the final word on the appropriateness of the evidence and the case.
NCA Canadian Administrative Law – Law Study Kit
In sum rather than determining that the agency's hierarchy's review of fact findings are entitled to more deference than that of an independent reviewing office I would change the rules. The burden should be on the agency to defend its findings against a challenge by an independent reviewing officer. The independent trier of fact should be entitled to more deference similar to the jury findings in a civil or criminal case.
LexisNexis Questions and Answers - Administrative Law, 3rd edition | LexisNexis Australia
Test your Administrative Law knowledge with hundreds of practice multiple-choice questions. Questions and answers written by legal experts at Quimbee. Unlike the specific search warrant with probable cause, Administrative Agency search warrants for homes are often generalized area by area. What's an example of this type of search warrant? Administrative law questions and answers2. Administrative law : multiple choice and short Other Titles: Administrative law, questions and answers Questions and answers, administrative law. Learn vocabulary, terms and more with flashcards, games and other study tools. Administrative law - chapter 2 - administrative agencies and tribunals.
Notes and Model Answer: Administrative Law
Solved examples with detailed answer description, explanation are given and it would be easy to understand. The group objetives is covers the central aspects of procedural and substantive judicial review under the public law. I wanted to use ResearchGate for a small comparative exercise. Perhaps you would like to answer the following questions. May lower courts in You will see the principles from basic administrative law in all agency courses However, this question can be applied to those with and without experience in the administrative field. These mcqs include questions on articles, amendments of Constitution of India etc. Law Express Question and Answer: Constitutional and Administrative Law is designed to ensure you get the most marks for every answer you write by improving your understanding of what examiners are looking for, helping you to focus in See how an expert crafts Answers to 50 questions on Constitutional and Administrative Law.
Questions and Answers in Administrative Law
Discover why elements of the answer have been Hone your exam technique further through a wealth of additional exam support on the Companion website, including Practice questions and You be the Judiciary questions objective type multi choice answers on each subject like family law, contract law and administrative law. Ask Question. Branch of law governing the creation and operation of administrative agencies. Of special importance are the powers granted to administrative agencies, the substantive rules that such agencies make, and the legal relationships between such Contracts I Fall Exam. Stetson University College of Law. Answers exam questions. Jus cogens norms constitute a special class of general rules made by custom. Several possible answers can be imagined. As the question already indicates the answer should include some comparison between states and non-state actors.
Sample Examination Questions and Answers: Administrative Law
Administrative law is law concerning the procedures, rules, and regulations of government agencies. She will be required to appear in an administrative court, where she will present her case, and answer questions posed by the judge. Ace your next interview! We are looking for a responsible Administrative Assistant to perform a variety of administrative and clerical tasks. Duties of the Administrative Assistant include providing support to Constitutional and administrative law are important sections of law optional in the IAS mains exam. In the law optional, you will see that many questions This article will give you tips to study constitutional and administrative law for the Civil Service Mains Exam. Aspirants would find this article very helpful Answer all the questions in Section 1. Stop working on that section when the 35 minutes have elapsed. The writing sample is not scored but is used by law school admission personnel to assess writing skill. Your writing sample is copied and sent to law schools to which you direct your LSAT score.
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Police written exam questions and answers. Correct answer: b. Choose a synonym for the underlined word below. Officers should be vigilant because suspects sometimes attempt to intimidate witnesses.
Administrative Law Problem Question
Division of Powers — How To Write Examinations Students can learn to improve their results on divisions of powers exams. There are certain typical mistakes that contribute to lower marks. To answer an issue spotter: Read the question carefully and identify all of the issues raised in the problem. Make a careful outline detailing how you will deal with each issue. Prioritize each of the identified issues in your outline. Identify areas within each of the issues where the applicable case law does not fully resolve the problem. Your professors often try to bring out issues for which the cases provide no clear or not very clear answers, in order to exercise your analytical skills. In each area, identify constitutional principles, policies, theories, doctrine and academic writing to support your arguments, particularly where the cases provide no clear answer.
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Where there are complexities, identify them. Show how to resolve the complexities. Apply the cases, arguments, principles and policies identified above to resolve each of the important issues in the fact pattern. Try to leave time to edit your answer to improve clarity. Reorganize your answer for a logical flow. Simplify your answer. Add headings to help guide your reader. Make the written answer easy for the reader to understand. Communicate simply, clearly, agreeably. Division of Powers Menu.
Administrative Law Exams
ANS: In administrative proceedings, due process simply means an opportunity to seek a reconsideration of the order complained of; it cannot be fully equated to due process in its strict jurisprudential sense. A respondent in an administrative case is not entitled to be informed of the preliminary findings and recommendations; he is entitled only to a reasonable opportunity to be heard, and to the administrative decision based on substantial evidence. Vealasquez v. CA, G. Note that it is the administrative order, not the preliminary report, which is the basis of any further remedies the losing party in an administrative case may pursue. Viva Footwear Mfg. SEC, et al. Exhaustion of administrative remedies. The general rule is that before a party may seek the intervention of the court, he should first avail of all the means afforded him by administrative processes.
Questions & Answers: Administrative Law | AHLA
The issues which administrative agencies are authorized to decide should not be summarily taken from them and submitted to a court without first giving such administrative agency the opportunity to dispose of the same after due deliberation. Corollary to the doctrine of exhaustion of administrative remedies is the doctrine of primary jurisdiction; that is, courts cannot or will not determine a controversy involving a question which is within the jurisdiction of the administrative tribunal prior to the resolution of that question by the administrative tribunal, where the question demands the exercise of sound administrative discretion requiring the special knowledge, experience and services of the administrative tribunal to determine technical and intricate matters of fact. Nonetheless, the doctrine of exhaustion of administrative remedies and the corollary doctrine of primary jurisdiction, which are based on sound public policy and practical considerations, are not inflexible rules.
Division of Powers – How To Write Examinations
There are many accepted exceptions, such as: a where there is estoppel on the part of the party invoking the doctrine; b where the challenged administrative act is patently illegal, amounting to lack of jurisdiction; c where there is unreasonable delay or official inaction that will irretrievably prejudice the complainant; d where the amount involved is relatively small so as to make the rule impractical and oppressive; e where the question involved is purely legal and will ultimately have to be decided by the courts of justice; f where judicial intervention is urgent; g when its application may cause great and irreparable damage; h where the controverted acts violate due process; i when the issue of non-exhaustion of administrative remedies has been rendered moot; j when there is no other plain, speedy and adequate remedy; k when strong public interest is involved; and, l in quo warranto proceedings.
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