What factors determine the appropriate level of procedural

Assignment Help Business Law and Ethics

Reference no: EM133376028

Topic: Administrative Law: Principles and Advocacy 4th ed. by Liz Nastasi, Deborah Pressman & John Swaigen

Questions:

1. What factors determine the appropriate level of procedural fairness to be provided by a tribunal or other agency?

2. What three sources of law would you review to determine the procedures that a particular tribunal or agency must follow to ensure a fair hearing?

3. Explain what is meant by the phrase audi alteram partem.

4. What are the two characteristics of an adequate notice of a hearing?

5. Under what circumstances, if any, can a tribunal receive evidence or hear submissions in the absence of a party?

6. Does a party always have the right to be represented by a lawyer? If so, is the party always entitled to his or her first choice of lawyer? Does a party have a right to be represented by someone who is not a lawyer? Explain.

7. Does a party always have a right to cross-examine other witnesses? What methods other than cross-examination may a party use to challenge the evidence of an opposing party?

8. If a tribunal member is absent during the presentation of some of the evidence, under what circumstances may he or she participate in making the decision in the case?

9. List and briefly describe the various rights that a "fair hearing" entails.

10. What are the limits or exceptions to the duty of a decision-making body to ensure that parties receive all of the rights to which they are usually entitled in a hearing?

Reference no: EM133376028

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