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42 Cards in this Set
- Front
- Back
Legislative Branch
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Parliament, legislatures including the cabinet and Prime Minister or Premieres consitute legislative branch
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Judicial Branch
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Courts and officers of the courts constitute judicial branch of government
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Executive Branch
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The Queen, acting through the Prime Minister, cabinet, deputy ministers and all officers, agents and employees of the government
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Administrative Law
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The rules and regulations governing the function and powers of the executive branch
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Regulators
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Government agencies including ministries, departments, boards, commissions
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Judicial Review
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Power held by the courts to review decisions made by administrative decision-makers
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Ultra Vires
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Beyond the jurisdiction, power or authority of a decision-maker or law-maker
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Jurisdiction
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Limitations placed on the power of an officer or agent of the government
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Regulations
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Supplementary rules passed under the authority of a statute and having the status of legislation
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Golden Rule
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Rule for interpreting a statute requiring that the normal meaning of the terms be applied
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Mischief Rule
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Rule for requiring that an ambiguous term be interpreted in the most reasonable way or according to the intention of the Act
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Strict Interpretation
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Courts need only apply legislation where the meaning is clear
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Interpretation statutes
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Statute terms that direct the court to interpret legislation in specific ways
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Principles of fundamental justice
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Principles set by tradition and convention that protect the right to a fair hearing by an impartial decision-maker acting in good faith
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Fair Hearing
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Persons affected negatively by a decision has a right to recieve proper and timely notice of all the matters affecting the case and be given a change to put forward their side
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Heard by Decision-maker
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All the evidence must be heard by the individuals making the decision
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Good faith
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the decision-maker must act with honesty and integrity
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Bias
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The decision-maker must be impartial and have no personal interest in the decision
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Appeal
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A formal process whereby a higher court will reexamine a decision made by a lower court
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Authority
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The right or power to act or to make a decision
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Procedural Fairness
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The hearing must follow accepted standards
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Abuse of Power
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Actin beyond the jurisdiction set out in the legislation or making an unreasonable decision
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Error of Law
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Incorrectly stating the legal interpretation or effect of the statute or common law
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Error of Fact
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Making incorrect conclusion with respect to the facts in the matter dispute
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Prerogative writs
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The remedies the court may apply if it finds that an administrator has acted beyond its jurisdiction, made an unreasonable decision or not followed the rules of natural justice
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Habeas Corpus
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A court order to release a person being unlawfully detained
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Mandamus
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A court order directing that a specifc act be performed
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Certiorari
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A court order overtunrning a decision, making it null and void
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Prohibition
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An order not to proceed with a hearing or other administrative process
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Quo Warranto
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Prerogative right to challenge the right of a person to hold public office
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Prohibition
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An order not to proceed with a hearing or other administrative process
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Quo Warranto
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Prerogative right to challenge the right of a person to hold public office
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Declaration
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The power of the court to declare what the law is in any matter brought before it
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Injunction
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An order to stop offending conduct
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Privative Clause
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Terms in a statute that attempt to restrict the right of judicial review
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Riparian Rights
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The common law right to have water flow free and clear of pollutants
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Devolution of Powers
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The process of transferring power from one level of government to another
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Site Audit
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The process of examining a site to determine its state of environmental contamination
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Compliance Audit
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The process of entering, inspecting, and investigating private property to ascertain that owners are living up to environmental standards
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Due Diligence
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The requirement that a person do all that is reasonably possible to prevent pollution or destruction of the environment
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Stop Orders
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An order to stop offending conduct
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Deregulation
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Agencies created to monitor and enforce environmental protection standards are dissolved and coporations are encouraged to self-regulate.
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