Lecture 4 Flashcards
What is inferior court (of record)?
Judge only has the power to deal with matter in statute law
What is superior court (of record)?
Judge can deal with ANY type of manner they want unless a statute prevents them from doing so
What kind of court is Manitoba Court of King’s Bench?
Superior that is primarily a trial court
How many judges sit in a case at Manitoba Court of King’s Bench?
One
Can the Manitoba court of King’s Bench have juries?
Yes but only for criminal matters
What kinds of cases can the Manitoba Court of King’s bench deal with? What is their jurisdiction?
They have almost unlimited jurisdiction and can address criminal and civil matters. It also deals with family matters
What is the primary court individuals go to when suing someone (in Manitoba)?
Manitoba court of king’s bench
How are judges appointed (decided) for Manitoba court of king’s bench?
Appointed by federal cabinet and are therefore paid by federal government.
Is Manitoba Court of King’s bench an appeal court?
Not necessarily, but it can act as one.
What are the 3 rules for Manitoba court of appeal?
- if you lose in a civil matter, you can appeal as of right
- if you lose in a criminal matter and you are appealing the finding of the law (there was an error of how law was applied) you can appeal as of right
- if you lose in a criminal matter and are appealing the finding of law AND fact (or just fact) you need to ask for leave to appeal
What does leave to appeal mean?
Permission to appeal
What type of court is small claims court?
Inferior specialty trial court
What is the jurisdiction of small claims court?
suing up to 15,000$
What is a benefit of filing a lawsuit through small claims court instead of the court of king’s bench?
simplified rules make it easier to not have a lawyer
it costs substantially less than king’s bench
rulings are much faster
How are judges referred to in small claims court?
Hearing officers
What are the requirements to become a judge in small claims court?
Must be in the system (i.e., retired RCMP officer). Some prior experience in law area but no need to be a lawyer
What are the 2 circumstances in which you can ASK for the right to make an appeal to court of king’s bench?
- hearing officer made a decision in an area where they did not have jurisdiction
- small claims officer made an error in the findings of law
Do you ever have the RIGHT of appeal in small claims court?
No
What kind of court is Manitoba Court of Appeal?
Superior appeal court
How are judges appointed in Manitoba court of appeal?
By federal court cabinet and are therefore paid through the federal government
How many judges is most common in the Manitoba court of appeal?
3
What ruling can a judge make at the Manitoba court of appeal?
- reverse trial decision
- deny the appeal
- change the trial decision
- decide to have a new trial with a new judge
How can you appeal a civil decision made in Manitoba court of appeal?
request leave to appeal from the supreme court
How does the supreme court decide to grant or reject leaves of appeal?
through a “test” and the issue MUST have national significance
What does quorum mean?
minimum number required to do something
What is the quorum for the Manitoba Court of Appeal?
3
What courts are classified under Manitoba Provincial Court System?
- Manitoba Court of King’s Bench
- Small Claims Court
- Manitoba Court of Appeal
What courts are classified under the Federal Court System?
- Supreme Court of Canada
- Federal Court of Appeal
- Federal Court
- Tax Court of Canada
What is the quorum for the Supreme Court of Canada?
5
What type of court is the Supreme Court of Canada?
superior court which is primarily an appeal court
How many judges are there in the supreme court of Canada?
9
How many judges from the supreme court of Canada must come from Quebec?
3
When can a matter start at the supreme court of Canada?
When the federal level of government refers something to commence in this court
What type of court is the Federal Court of Appeal?
Superior and mostly an appeal court
How many judges sit in the Federal Court of Appeal?
3
When, if ever, are juries involved at the federal court of appeal?
never
How can someone appeal a civil matter in the federal court of appeal?
Ask for leave to the supreme court of canada
What type of court is the federal court?
Superior trial court
What jurisdiction does the federal court cover?
criminal and civil
What is one type of law that can NEVER be dealt with in federal court?
family law
How can a civil matter be appealed in the federal court?
as of right
How can criminal matters be appealed in the federal court?
- criminal matters involving a question of law can appeal as of RIGHT
- criminal matters involving finding of fact or finding of fact AND question of law need to ask for leave of court
What type of court is the tax court of canda?
superior
How are judges appointed and how many sit in on a case?
appointed by federal cabinet and only one judge sits on a matter
If a ruling from the tax court of Canada is appealed, which court does the matter go to?
federal court of appeal
What is the standard of proof for criminal matters?
beyond a reasonable doubt. (must removes ALL doubts)
What is the standard of proof for civil matters?
balance of probabilities (which story the judges believes to be more likely)
Explain Res Judicata.
when a legal matter comes to an end. (matter is over and cannot be brought back to court)
When can a matter become Res Judicata?
- if you fail to file for notice of appeal within given time frame
- you have exhausted appeal possibilities (no where else to appeal)
- if the supreme court of canda makes a ruling
