503 Midterm Flashcards
3 Levels of Albertas court
- Provincial court of alberts
- Court of Queen’s bench of Alberta
- Alberta court of appeal
Provincial court of Alberta
- Traffic
- family
- criminal
- civil
- claims involving less than $50 000
Provincial court of Alberta judges:
- What they wear
- How are they addressed?
wear: robes and blue sashes
Adressed: Your honour
Court of Queens Bench
- Civil
- Criminal
- Family law
- Appeals from the provincial court decisions
Court of Queen’s Bench:
- What they wear
- How are they addressed?
Wear: red sashes
Adressed: My lady or My lord, Mr/mrs justice, last name
Alberta Court of Appeal
- Highest court in Alberta
- Appeals from queens bench
- appointed by federal government
Unwritten Rules
- lawyers called to bar based on years of practice
- address other lawyers as my friend
Supreme Court of Canada
- highest court in canada
- 9 judges
- appeals from appellate courts
- majority rules
Burden of Proof
prove beyond a reasonable doubt
How does criminal matter get to court
- Charges laid
- Crown prosecutor review file
- Proceed resolve or dismiss
Prosecutorial Discretion
- reasonable likelihood of conviction
2. Public policy
Assault (what & punishment)
- without consent of another person, he applies force intentionally to that person directly or indirectly
- not more than 5 years
Assault with a weapon or causing bodily harm (what & punishment)
- not more than 10 years
- causes bodily harm to the compliant
Aggravated assault (what & punishment)
- wounds disfigured or endangers the life of compliant
- not more than 4 years
Judicial notice
takes notice of something without having to see evidence
Todd Bertuzzi
- Bertuzzi punches Moore in back of head causing concussion and broken neck
- Bertuzzi plead guilty
- charged with assault causing bodily arm
- Once he has completed 1 year probation and all conditions he will not gain criminal record
McSorley
- Mcsorley slashes Brashear in head with hockey stick
- Pled not guilty, but was charged with assault with weapon
- Probation, had to retire from NHL
How a case file is organized: FILAC
Facts Issues Law Analysis Conclusion
Jobidon
- Two agreed to fight in parking lot of bar
- Jobidons first hit knocked victim out
- he proceeded to fight even though unconcious
- Victim died
- Convicted with manslaughter
- Victim consented but not to death
- Supreme court Cananda
Caster Semenya
- Testosterone levels too high to compete in 400, 800 & 1500
- she needed to reduce the levels using brith control
- Court of arbitration
- refused and tried case
- unsuccessful
- Did not compete in Tokyo Olympics
Sagen Case
- Womens ski jumping not in Olympics
- Violates equality rights
- section 15 of charter
- Challenged several times in different courts
- Gender charter challenge
- Went to supreme court but was unsuccessful
Russell Case
- Fraud
- Superior court of Ontario found info given to be fraud and sent it back to arbitrator mew
- because changed policy he re-appealed and was successful
- could coach again
Bodily Harm Definition
injury to compliant that interferes with the health or comfort of the compliant and that is more than merely transient
Witness
- who ever called. witness examines them first
- cross-examined
- once evidence is given they can remain in courtroom
Arbitration
The settling of a dispute by an arbitrator
Arbitrator
impartial person chosen by parties to resolve a dispute
Informed consent
Nature and risk of medical procedure example
Implied consent
nature of the sport
4 Legal issues regarding the validity of the DSD Regulations
- burden of proof
- discrimination?
- necessary?
- reasonable and proportionate
Charter of Rights and Freedoms Section 15
Equality rights
3 levels of Government involved in Multiparty Agreement
- Municipal
- Provincial
- Federal
Alberta Human Rights Act-Protected grounds
Race Religious beliefs Colour Gender Physical disability Mental disability Age Ancestry Place or origin Marital staust Source of income Family status Sexual orientation
Human Rights Complaints
assigned a human rights officer who will review the complaint and response
Human rights officer determines
- Conciliation process
2. Investigation process
Human Rights Complaint 3 Steps (Tribunal process)
- Referral
- Dispute resolution
- Hearing
What does R stand for in citations
Regina (cour
Fraud is proven when …
It is shown that a false representation has been made..Knowingly
without belief in it truth
recklessly, carelessly whether it be true or false
Jurisdiction
Do they have the authority to hear the case, if not they cannot hear it
S.O.P. does what
sets out factors for the arbitrator to consider to determine whether exceptional circumstances justifying the reinstatement exist
Factors of S.O.P (10)
- Age
- Remorse
- Circumstances
- Experience
- Rehabilitation
- Prior and post offence
- Contribution to sport
- Cooperation with investigation
- Length of suspension
- Other factors
Struck
not included
Hearsay
Someone else’s word
How can an appeal be reopened
Due to a policy change
How many jury members are in a criminal matter
12
Claims involving less than $50 000 are in what court
Provincial court
Claims involving more than $50 000 are in what court
Queens bench
How many judges in the Supreme court of Canada?
9 including Chief Justice
How a civil file get to court (CDARQT)
- claim
- defence
- applications
- Records
- Questioning
- Trial
