Lesson 1.4 – Trial Court Flashcards
What is another name for the Trial Court?
The Court of First Instance.
Where do all lawsuits begin?
At the Trial Court.
How many judges hear cases in a Quebec civil law trial?
One judge (Quebec civil law does not allow jury trials).
How long does it take for a judgment to be rendered in the Trial Court?
Approximately four years from the filing of the lawsuit.
What are the names of the two opposing parties in a lawsuit?
Plaintiff – The party initiating the lawsuit.
Defendant – The party being sued.
What are the two trial courts in Quebec?
Court of Quebec
Quebec Superior Court
Who appoints judges to the Court of Quebec?
The provincial government.
What monetary claims does the Court of Quebec handle?
Claims greater than $15,000 and less than $75,000.
What is the monetary limit for cases in Small Claims Court?
$15,000 or less.
Who can file claims in Small Claims Court?
Individuals (human beings).
Companies with fewer than 10 employees.
What restrictions apply to Small Claims Court?
No lawyers allowed.
No appeals allowed (the judge’s decision is final).
The judge acts as an arbitrator and asks questions.
Who appoints judges to the Quebec Superior Court?
The federal government.
What monetary claims does the Quebec Superior Court handle?
Claims equal to or greater than $100,000.
What happens if a claim is between $75,000 and $100,000?
The plaintiff can choose to file in either the Court of Quebec or the Quebec Superior Court.
