Lesson 1 Flashcards
What does a case citation consist of?
Parties, date published, case reporting publication, page number, and court.
What are the two types of law in the legal system?
Civil law and Criminal law.
What governs the relations between individuals?
Civil law.
How does a civil case begin?
When the plaintiff files a lawsuit against the defendant.
What is the standard of proof in civil cases?
Balance of probabilities.
What governs law between individuals and the state?
Criminal law.
How does a criminal case begin?
When the attorney/crown files charges against someone.
What is the standard of proof in criminal cases?
Beyond a reasonable doubt.
What is the principle of stare decisis?
Stand by the precedent and not disturb settled points.
What is an appeal?
A request for a higher court to review the decisions of a lower court.
Who is the appellant?
The person seeking an appeal.
Who is the respondent in a civil case?
The person against whom the appeal is being launched.
What are the grounds for appeal?
Errors in a question of law or a question of fact.
What can a court of appeal decide regarding a request for appeal?
- Leave to appeal denied
- Leave to appeal granted
- New trial ordered
What did R v. Askov (1990) establish regarding trial delays?
A delay of over two years violated constitutional rights.
What did R v. Morin (1992) clarify?
The need for contextual factors in determining trial delay.
What time limits for trial delays were set in R v. Jordan (2016)?
18 months for provincial cases and 30 months for superior court cases.
What is the presumption regarding delays beyond set time limits according to R v. Jordan?
Delays presumptively violate the Charter unless justified by exceptional circumstances.
Fill in the blank: Case law is a written record of a _______ which becomes public record.
[legal dispute]
