Chapter 8 - The Judiciary Flashcards
Where would you find a Federal Inferior Court?
the only federal inferior courts are Military courts martial.
these include the General Court Martial and the Standing Court Martial.
jurisdiction is over armed force personnel
What 2 Courts generally have Overlap and Jurisdictional Disputes?
The Federal Court & the Federal Appeals Court
authority of these courts overlaps with the Provincial Superior Courts.
What are the only courts where Judges are appointed Provincially?
Provincial Tribunals and
Provincial Inferior Courts
everything else is Federally Appointed Judges (including Territorial Inferior Courts)
What is meant by the term: Puisne
This term is given to the judges on the SCC who are not the Chief Justice.
means inferior in rank
In all provinces there are 2 levels of Superior Court - what are they?
A Trial-Level Superior Court and,
A Provincial Court of Appeal.
What are two serious Offences that MUST be tried in Superior Courts?
Murder &
Treason
In Canada, what are 3 Key Aspects of Judicial Independance (where Judges are free to make decisions without fear of consequences
- Security of Tenure
- Financial Security
- Administrative independence
How would a Superior Court Judge be removed?
Under Tenure and Judicial independence, it would be up to the Governor General on address of the Senate and House of Commons.
they cannot be removed otherwise.
Who is the Plaintiff?
In Civil Cases, the Plaintiff is the person initiating the lawsuit.
they will always go first on the published Case.
Is there a Plaintiff in Criminal Cases?
No - the head of state (King/Queen) will represent this position and will be listed as such. Often labeled as
R - Abreviation of REX or REGINA (latin for the word King)
When Appealing a case? how will it be Labeled on Published Cases and who hold what roles?
The person, entity, who is filing the Appeal - will be called the Appellant, and the other party will be the Respondent.
