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Growing a blog isn’t simple. It takes time, patience, and dedication before others would begin to notice your blog. While I can’t offer you a magic formula that would increase your blog’s popularity overnight, I can at least help you to promote your blog and find new readers. Here’s what you’ll need to […]
This column first appeared in the San Antonio Express News and other Hearst Newspapers on February 18, 2019. Dear Mr. Premack: My grandmother while in ICU stated that she wanted all she owned including her house to go to me and my bother in law. This was caught on cell phone video. She was later […]
(a) A debtor whose wages are subject to a withholding order may, at any time, request a review by the Department of the amount garnished, based on materially changed circumstances such as disability, divorce, or catastrophic illness which result in financial hardship.
(b) A debtor requesting such a review under paragraph (a) of this section shall submit the basis for claiming that the current amount of garnishment results in a financial hardship to the debtor, along with supporting documentation. The Secretary shall consider any information submitted in accordance with this part.
(c) If a financial hardship is found, the Secretary shall downwardly adjust, by an amount and for a period of time established by the Secretary, the amount garnished to reflect the debtor‘s financial condition. The Secretary will notify the employer of any adjustments to the amount to be withheld.
After determining which rights were violated (whether unintentional or outright fraud) utilizing a universal standard of principles and ULTRS (universal language for testimony and reports) to determine which duty was triggered, we can begin to rectify the situation.
This leads to two questions: 1. Where does this situation fall on the spectrum of fairness and, depending on where it falls, 2. What does that translate into in terms of specific procedures that must be followed?
Spectrum of Fairness
The court in Baker v. Canada (Minister of Immigration and Citizenship) listed four factors which help determine where on the spectrum of fairness a given decision lands. Note that the “legitimate expectations” of the person challenging the decision is a consideration, but it is considered before the factors listed below. The doctrine of “legitimate expectations” does not affect where the decision lands on the spectrum of fairness. Rather, it tells us some of the specific procedures that must be followed.
i. Nature of the decision being made and the process followed in making it: here, an assessment of how formal or informal the decision at hand is made. The more adjudicative the administrative decision maker’s nature and the process it follows (i.e. a formal decision), the more procedural safeguards necessary. The more operational or administrative (i.e. an informal decision), the less procedural safeguards necessary
ii. Nature of the statutory scheme and the terms of the statute pursuant to which the body operates: here, an assessment of the statutory scheme is made. If no further remedies or appeal are available under the statute, more procedural safeguards are necessary because the first level of the decision must be procedurally fair.
An assessment of the complexity of the decision being challenged is also made. If it is a relatively simple decision, it will fall at the lower end of the spectrum.
iii. Importance of the decision to the affected parties: here, an assessment of how important the outcome of the decision is to the parties affected. Where the decision is important to the affected parties, high procedural safeguards are necessary. For example, in Kane it was held that a high standard of procedural fairness is required when the right to continue in one’s profession/employment is at stake.
iv. Choices made by the decision-maker: here, an assessment of the power given to the administrative decision maker over its own procedures is made. If they have a lot of power, they are under a high procedural obligation and the decision is at the higher end of the spectrum.
Once these factors are considered, we end up with a point on the spectrum. The next question is: how does this translate into specific procedures?
The specific procedures required differs case by case. In Mavi, Justice Binnie stated that we ultimately need a fair process by considering what is relevant in the circumstances. There are general considerations that the court looks to when determining specific procedures:
- The determination of specific procedures is a balance of fairness, efficiency and predictability of the outcome; and
- The people affected by a decision have the opportunity to be heard and considered.
The doctrine of “legitimate expectations” can create specific procedures that must be followed where the administrative decision maker has made a certain representation or promise regarding specific procedures that will be followed.
An oral hearing is not necessarily required under the common law where a statute does not specify whether an oral hearing must be held. In Khan, the court held that, if an administrative decision maker is going to decide adversely against someone’s credibility and that person is affected by a decision of the administrative decision maker, an oral hearing must be held.
The enabling statute may state whether reasons for the decisions are required. An administrative decision maker who is subject to the SPPA must give reasons to the affected parties if they ask for them. At common law, Baker clarified that where a decision has important significance for an individual, where there is a statutory right of appeal or in other circumstances, some form of reasons should be required. In Newfoundland and Labrador Nurses’ Union, the court held that, at the procedural fairness stage, the only consideration is whether there is a duty to provide reasons. The adequacy of reasons is not a relevant consideration at this stage. In Baker, it was held that where some form of reasons are required, there is flexibility as to what those reasons generally look like. The courts are very flexible as to what counts as reasons.
At this stage of the analysis, there is a two step test. Determining what procedures are required after determining where on the spectrum a given decision lands is a contextual analysis.
My next blog entry will focus on procedural obligations arising under the constitution.
Procedural Obligations: Duty to Protect via Title 17 Utilizing a Universal Standard of Principles (Part One) via Anthony’s Blog
In my last blog entry, I discussed procedural obligations arising from statute and soft law. What happens when those documents are silent or ambiguous? When a statute is silent or leaves gaps with respect to procedure, the common law steps in to fill those gaps. The other fundamental principle is that to override the rules […]
Top Ten Plagerized Songs in Violation of Copyright Infringement Laws if Permission was not Legally Obtained
Top Ten Plagerized Songs in Violation of Copyright Infringement Laws if Permission is / was not Legally Obtained
Good composers borrow; great composers steal. Some composers get caught. Welcome to WatchMojo.com, and today we’re counting down our picks for the top 10 rip-off songs. Special thanks to our users Juan David Orduz, Al Bebak and Jakob Silcox for submitting the idea on our Suggest Page at WatchMojo.com/suggest!http://www.youtube.com/watch?v=8AT_Pbtyid0
History is the most exciting topic to study. People who are interested in it pursue their career in it. History is all about knowing the past form of anything and with anything we mean culture, the country, or any other thing. History is itself a career, and people take their masters or PhD degrees in it. Well if we see the topic of history dissertations, it can be sorted out concerning the different aspects. Like we can see the history of any country, we can look for the history of any culture or the history of music or any other thing so this word history us not specific.
A dissertation has the following parts; first, it has the title page in which student writes his personal information such name, roll number than he writes the name of his academic institute and other things. Then comes the abstract which provides an overview of whatever is written in every section of the dissertation. Then the literature review; in literature review writers provides the summary of what work has been done in the past on the topic. There is also an acknowledgement section in which students thanks all those who have helped him during the research or writing work of his dissertation. Then method and discussion which is often put as an individual section or with each other, are the central section in which student discuss the whole scenario based on the findings he has from the research work. There is a proper result section in which and then the conclusion part. There is a reference section in which students cite all the sources he has used during the research. Then appendices section is used to provide any external links to anything what writer has done more. So basically this is a general overview of what the parts of the dissertation are or how a general thesis usually looks.
Then let’s discuss the writing process for any dissertation. Dissertation writing is described here stepwise to make it a little dull for our readers. The first step and the most crucial step is to choose the topic. Topic selection is always challenging because the student has to find that one specific topic which suits his interest and can be useful and unique enough. That student also has to keep that one thing in mind that he needs enough data collected on the topic. In this case, professors are always helpful. Then before start working on the dissertation research or writing process students have to get approval on the selected topic from the department. Through dissertation, proposal student explains the significance of his subject and the planned methods he has for the research work. The after this comes the research work which is the most crucial part student must remember that all of the data he collects must be authentic and the sources must be cited at the reference section to avoid any issues. Collect the data, sort it out, and keep things you need then omit the rest. Before jumping on to the writing, the part student must remember that he should plan all the sections of dissertations as this will help them throughout the writing part. After the completion of the first draft, the editing of the paper is essential then after that the proofreading part is essential too as it removes all the grammar mistakes, spelling mistakes, and typographical errors. Dissertations are very much a necessary part of a student career and hence must put many efforts in its every part.
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History is the most exciting topic to study. People who are interested in it pursue their career in it.