L6: Resolution of Disputes- the courts

Question 1

why is provincial court busier than superior court?

Answer 1

• more cases
• deal with less serious criminal offences
• deals with small claims court
• preliminary stuff for superior court.

Question 2

define litigation

Answer 2

legal matter which has the potential to go to court.

- procedural laws ensure that a hearing will be fair.

Question 3

why are courts open to the public?

- exceptions?

Answer 3

• to ensure that justice is seen to be done

- publication bans + in camera hearings are possible (need special approval)

Question 4

court process

• trial court: who’s there?
• evidence?

Answer 4

trial court: one judge, or judge + jury

- witnesses testify, exhibits entered + finding of facts made

Question 5

one incident + criminal/civil trials?

Answer 5

accused can be charged by criminal proceeding + sued by civil proceeding

Question 6

difference between pc and qb

Answer 6

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.

Question 7

difference between criminal and civil trials - 3 areas

Answer 7

Party names

• onus of proof
• burden of proof

Question 8

difference in PARTY NAMES btw criminal and civil

Answer 8

crim: crown v accused
civil: plaintiff v defendant

Question 9

difference in ONUS OF PROOF btw criminal + civil

Answer 9

crim: crown prove guilt, accused does not have to prove not guilty
civil: falls on plaintiff to prove liability

Question 10

difference in BURDEN OF PROOF btw crim and civil

Answer 10

crim: beyond reasonable doubt that committed crime
civil: balance of probabilities

Question 11

why does burden of proof differ btw crim and civil

Answer 11

crim: greater burden of proof because grave consequences + inequality of parties (lawyer vs state)
civil: lesser burden - lesser consequence. more evenly balanced parties

Question 12

format of appeal

Answer 12

not a trial

• hear appeal, lawyer entrances. no evidence
• panel of judges

Question 13

what can be appealed?

Answer 13

questions of law: lower court made an error in interpreting/applying precedent/statute law

Question 14

leave to appeal means?

Answer 14

appeal has been granted permission to hear it.

Question 15

process of appeal?

Answer 15

• review transcript of trial
• reveiw trial judge’s reasons for decisoin
• hears verbal submission from lawyers
• reviews written arguments

Question 16

names for decisions

-crim vs civil

Answer 16

crim: guilty or not guilty (acquitted) - guilty = conviction + punishment
civil: liable or not liable - liable = defendant owe plaintiff

Question 17

appeal court terminology

Answer 17

apellant : partly appealing
held: the decision
appeal allowed: apellant wins
appeal dismissed: apellant loses

Question 18

what’s unique about provincial superior courts?

Answer 18

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.

Question 19

discuss alberta court of appeal

Answer 19

AB’s highest court.

• hears appeals from lower courts
• decisions may appealed to SCC
• no fresh witness, no new exhibits
• panel of justice

Question 20

discuss court of queen’s bench

Answer 20

alberta’s superior court

• unlimited trial jurisdiction
• can act as court of first instance + hear appeals.
• judge or judge + jury

Question 21

what is court of first instance?

Answer 21

trial court

Question 22

dicuss provincial court of Ab

Answer 22

• trial court. jurisdiction limited by Provincial court act

- 5 courts (youth, traffic, civil, family, criminal)

Question 23

what matters can the PC NOT deal with?

Answer 23

claims involving title to land

• defamation suits
• malicious prosecution actions
• wills + estates litigation
• debt + damage claims for amount above $50,000
• grant divorce

Question 24

4 courts established by federal govt

Answer 24

• SCC
• Federal Court of Appeal
• Federal Court
• Tax Court of Canada