L6: Resolution of Disputes- the courts Flashcards
why is provincial court busier than superior court?
- more cases
- deal with less serious criminal offences
- deals with small claims court
- preliminary stuff for superior court.
define litigation
legal matter which has the potential to go to court.
- procedural laws ensure that a hearing will be fair.
why are courts open to the public?
- exceptions?
- to ensure that justice is seen to be done
- publication bans + in camera hearings are possible (need special approval)
court process
- trial court: who’s there?
- evidence?
trial court: one judge, or judge + jury
- witnesses testify, exhibits entered + finding of facts made
one incident + criminal/civil trials?
accused can be charged by criminal proceeding + sued by civil proceeding
difference between pc and qb
smaller civil/criminal claims in pc than qb.
- pc: short, less formal, less admin work, can have agent represent, or student legal services.
qb: more serious offences/higher monetary value. longer trials, more admin work, need lawyer, more formal.
difference between criminal and civil trials - 3 areas
Party names
- onus of proof
- burden of proof
difference in PARTY NAMES btw criminal and civil
crim: crown v accused
civil: plaintiff v defendant
difference in ONUS OF PROOF btw criminal + civil
crim: crown prove guilt, accused does not have to prove not guilty
civil: falls on plaintiff to prove liability
difference in BURDEN OF PROOF btw crim and civil
crim: beyond reasonable doubt that committed crime
civil: balance of probabilities
why does burden of proof differ btw crim and civil
crim: greater burden of proof because grave consequences + inequality of parties (lawyer vs state)
civil: lesser burden - lesser consequence. more evenly balanced parties
format of appeal
not a trial
- hear appeal, lawyer entrances. no evidence
- panel of judges
what can be appealed?
questions of law: lower court made an error in interpreting/applying precedent/statute law
leave to appeal means?
appeal has been granted permission to hear it.
process of appeal?
- review transcript of trial
- reveiw trial judge’s reasons for decisoin
- hears verbal submission from lawyers
- reviews written arguments
names for decisions
-crim vs civil
crim: guilty or not guilty (acquitted) - guilty = conviction + punishment
civil: liable or not liable - liable = defendant owe plaintiff
appeal court terminology
apellant : partly appealing
held: the decision
appeal allowed: apellant wins
appeal dismissed: apellant loses
what’s unique about provincial superior courts?
trial court but may also hear appeal from PC or admin tribunals.
- can hear any type of case (usually more serious tho)
- divorce must be qb tho.
discuss alberta court of appeal
AB’s highest court.
- hears appeals from lower courts
- decisions may appealed to SCC
- no fresh witness, no new exhibits
- panel of justice
discuss court of queen’s bench
alberta’s superior court
- unlimited trial jurisdiction
- can act as court of first instance + hear appeals.
- judge or judge + jury
what is court of first instance?
trial court
dicuss provincial court of Ab
- trial court. jurisdiction limited by Provincial court act
- 5 courts (youth, traffic, civil, family, criminal)
what matters can the PC NOT deal with?
claims involving title to land
- defamation suits
- malicious prosecution actions
- wills + estates litigation
- debt + damage claims for amount above $50,000
- grant divorce
4 courts established by federal govt
- SCC
- Federal Court of Appeal
- Federal Court
- Tax Court of Canada
