LAW 534 Lecture Notes - Lecture 3: Reasonable Person, Determinative, Breathalyzer
3 Feb 2015
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Document Summary
Types of ex post regulation: precise codified standards. Occupational health and safety act legislation are ex-post specific prescriptions to how one ought to conduct business. Advantage: can be posted in workplace and so everyone knows the standards. Common technique used by regulators is to create a permit system. Broad and remedial approach should be encouraged so people apply for permits and avail themselves to the administrative expertise (exante) If an applicant fails altogether to get a permit, the regulatory model is used which creates a quasi-criminal offense of doing the work without a permit (expost) Defendant charged with failing to obtain a permit for work done cannot cure the problem by applying for a stale-dated permit for work already done. Not does the act provide a means to apply for approval of permission after something has been built. Scoff law: tries to ignore law can i just fix it, don"t want to go to court .
