flow of litigation and plea bargaining

Question 1

what is the flow of litigation

Answer 1

1. pleading
2. discovery
   3.trial

Question 2

what is pleading

Answer 2

plaintiff files a complaint against a defendant and outlines
the remedy they seek. This document is served on the defendant (and
the defendant must respond or the court will assume the complaint is
true and support the plaintiff’s remedy).

Question 3

what is discovery

Answer 3

both parties examine each others’ evidence

Question 4

what is trial

Answer 4

based on the balance of probabilities, a judge adjudicates on
the evidence presented (siding with ether plaintiff or the defendant)

Question 5

what is the burden of proof

Answer 5

key difference between criminal and civil trials

in a criminal trial the Crown must prove to a judge or jury that it is
“beyond a reasonable doubt” that the defendant is guilty.
* Beyond reasonable doubt is where one is firmly convinced in the
defendants guilt (mere suspicion is not enough)…

Question 6

what are the three types of plea bargaining

Answer 6

1). Charge bargaining: promises over charges pursued or dropped
2). Sentence bargaining: promises over a sentence that the prosecutor
will seek
3). Fact bargaining: promises not to mention certain facts about a case

Question 7

what is plea bargaining

Answer 7

Plea Bargaining: “an agreement between the accused and the
prosecutor, wherein the accused pleads guilty in exchange for the
prosecutor agreeing to take a particular course of action.”

Question 8

the two factors of plea bargaining

Answer 8

1). A lawyer for the defendant must be present before a ’deal’ is struck
(unless the defendant has waived their Charter Rights to retain
counsel)
2). It is possible for a defendant to enter into a plea bargain or a new
plea bargain during a trial (e.g. due to the emergence of new
evidence)…

Question 9

why does plea bargaining exist

Answer 9

1. the crown is guaranteed a cheap/ efficient win
2. allows victims to not re live traumatic events
3. the court system would collapse. there is not enough resources to ensure every case goes to trial

Question 10

what are the objections of plea bargaining

Answer 10

1. guilty criminals can get lighter sentences
2. the truth is never discovered and it is replaced with an administrative process
3. increases wrongful conviction

Question 11

what are some factors on sentencing

Answer 11

*Canadian judges—guided by a legal framework—typically have much
discretion (except when it comes to mandatory minimum
sentences)…
* A judge’s sentence must be proportional to the gravity of the offence
* If the guilty person is Aboriginal, a judge should take into
consideration systemic disadvantage