After being subjected to various complaints by customers and competitors, Acme Inc was called before an administrative

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After being subjected to various complaints by customers and competitors, Acme Inc was called before an administrative tribunal. Following a surprisingly informal procedure, in which the tribunal received hearsay evidence and refused to apply the rules of evidence that normally apply in court, Acme was ordered to pay a large fine. The tribunal reached that conclusion largely by applying its experience and expertise to the facts.

After reviewing the case and doing more research into the substantive issues, Acme's lawyer has formed the opinion that while the tribunal's decision is not far-fetched or unsupported by the facts, it probably was not the best decision that could have been reached. The lawyer has also observed that while the complaints made against Acme were all closely tied to an issue of international trade, the tribunal purported to act under the authority of a provincial statute.

Finally, in trying to determine whether the tribunal's decision might be overturned in court, Acme's lawyer discovered that the provincial statute in question provides a provision that states: "All tribunal decisions are final and shall not be subject to judicial review on any ground whatsoever." Is there much chance that Acme will be able to persuade a judge to overturn the tribunal's decision? Explain your answer. (To fully answer that question, you may find it helpful to review some parts of Chapter 1.)

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Related Book For  answer-question

Managing the Law The Legal Aspects of Doing Business

ISBN: 978-0133847154

5th edition

Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer

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