Chapter Four

Question 1

Court

Answer 1

A state-sanctioned forum where disputes between opposing litigants are formally adjudicated

Question 2

inferior courts mean

Answer 2

Refers to the level in the overall hierarchy of the court system. (not the quality of the courts)
courts of first instance - trial courts - hear matters for the first time and have a single judge
deal with less serious criminal matters and matters related to traffic, family and small claims
Inferior courts do not hear appeals.

Question 3

Superior Courts

Answer 3

Courts of first instance - trial courts - jurisdiction to deal with most cases
most often used for civil disputes involving large sums of money, or serious criminal cases - murder for example

Question 4

Judgment

Answer 4

or decision is the final outcome of the dispute

Question 5

Canadian Courts: Constitutional Basis

Answer 5

Constitution Act 1867 sets out the power over the courts and judicial appointments.
92. Each province the Legislature may exclusively make laws that in relation to Matters coming within the Classes of Subject
96. The Governor General shall appoint the Judges of the Superior, District, and Country Court in each Provine
see page 88

Question 6

Since Confederation, Parliament and the provinces have used their constitutional powers to create three types of courts:

Answer 6

1. inferior courts
2. superior courts
3. Supreme Courts of Canada (SCC)

Question 7

Inferior Courts

Answer 7

inferior courts fall into two categories: provincial/territorial and federal

Question 8

Provincial and Territorial inferior courts, jurisdiction typically over the following:

Answer 8

• criminal matters(not serious crimes like murder and treason - provincial superior courts
• family and youth matters
• small claims disputes

Question 9

Federal Courts

Answer 9

Specialized set of federal inferior courts - namely, the military courts-martial
Incl/ General Court Martial
Standing Court Martial
Have jurisdiction over armed forces personnel who commit “Service” offenses

Question 10

Superior Courts fall into two categories

Answer 10

provincial/territorial and federal

Question 11

Provincial Superior Courts - constituted under sectuoin 92(4) of the Constitution Act, 1867

Answer 11

Judges appointed Federally under section 96
Sometimes know as section 96 courts
2 levels - Trial level & Appeal level ( highest level in provincial courts)

Question 12

Federal Superior Courts or Federal Courts

Answer 12

• Federal Court
• Federeal Court of Appeal
• The Tax Court of Canada
• Court Martial Appeal Court
  These are constituded under federeal legislation, with federally appointed judges

Question 13

Supreme Court of Canada (SCC)

Answer 13

• Also a federal superior court
• ## special status and occupies own category

Question 14

Cases come before the SCC in three ways

Answer 14

1. Leave to appeal
2. appeal of right
3. on a reference

Question 15

SCC: Key Facts and Features

Answer 15

Supreme Court of Canada - 1876 - 
Section 101, Constitution Act, 1867
Supreme Court Act, RSC 1985, c S-26
Rules of the Supreme Court of Canada
- 1 Chief justice of Canada
- 8 puisne judges
- Quorum: - 5-9
see page 93

Question 16

Stare dicis

Answer 16

to effectively assess the bunding or persuasive value of earlier decisions properly - familiar with hierarchical structure of the courts and their jurisdiciton

Question 17

decisions in another court case

Answer 17

a presedent binds lower cuorts in the same juristiciton

• only flows downwards in same jusrisdiction (not province to province)
• Decisions made in the SCC “general court of appeal” . are binding on all courts across Canada

Question 18

Judicial appointments

Answer 18

provincial and territorial superior judges, Federal Court and Federal Court of Appeal judges, and judges of the SCC are all federally appointed judges

Question 19

case law

Answer 19

refers to the decision of the courts

Question 20

Names of Parties

Answer 20

Non-criminal disputes - the individual, corporation or other entity who initiated the law-suite - the Plaintiff
Criminal case there is no Plaintiff, government initiates cases in the name of the Queen
Appellant - on an appeal, the individual, corporation, or other entity who lost at the trial and who initiates an appeal to the higher court
the other party is called the respondent.