Using Administrative Decision-Making To Protect the Environment Flashcards
Is Public Participation mandatory for Cabinet or Government Employee Decisions?
No
When someone does court and asks for leniency for a ticket, this is an example of what?
Alternative dispute resolution
Authorization to make decisions in a tribunal comes from what?
The Statute
True or false: Hearsay evidence is acceptable?
It is in a tribunal, but not in a court.
What are the party statuses in a tribunal?
Full party status, Party Status, Participant
- Full party status: submits evidence, questions witnesses, request appeals and costs.
- Party Status: uses statutory tests such as being directly affected by decision; can introduce evidence.
- Participant: provide information onlyto assist decision making.
Appeals in a tribunal could go where?
To another tribunal or to a court
What happens in an Appeal de novo?
new decision-maker rehears everything that was before the original decision-maker.
True or false: Appeals on questions of law and jurisdiction are limited to legal arguments, and no new evidence.
True.
Legal arguments are a go, but no new evidence for Appeals on questions of law
Judicial Review is most possible when the original Tribunal is alleged to…? (3 things)
a. Have acted outside their statutory jurisdiction?
b. Made errors in law?
c. Made errors in fact?
(Weird way of remembering: JUice LAkes FAil.)
True or false: judicial review is possible based on Procedural Fairness, Correctness, and Reasonableness.
FALSE. Only procedural fairness.
Not correctness or reasonableness
What bearing do Public Inquiries have on government?
Provide ONLY recommendations to gov’t
True or false: In a tribunal members with both Party Status and Full Party status can introduce evidence.
True.
Full party can submit, party can introduce.
Can people with Participant status in a tribunal introduce new evidence?
No
In a tribunal, what party status submits evidence, questions witnesses, and requests appeals and costs?
Full Party Status
