CH 3. The Legal System Flashcards
The French System (used in Quebec only)
Civil Law
The British Legal System (all provinces except Quebec)
Common Law
Main Principle of Common Law
Stare Decisis
Stare Decisis
“to stand by that which was decided”
A previous decision
Precedent
Two Divisions of Federal Court
1) Trial Division
2) Appeal Division
Summary Conviction
Less serious offence, likely to result in a fine of less than $5,000 / prison sentence 6 months or less, or both
Indicatable Offence
Serious offences likely to result in more serious consequences than summary convictions
Inherent Jurisdiction
they can hear any type of case within their province or territory unless that area has been specifically limited to another court / court level
Highest Court in the Province
British Columbia Court of Appeal
Case citation: when to use ( year ) ,
When the date is NOT essential
Case citation: when to use ___, [ year ]
When the date IS essential
Four divisions of BC provincial court
1) Traffic
2) Criminal
3) Small Claims
4) Family
