Module 3 Flashcards
What does “Stare Decisis” mean?
It means “stand by things that are decided” meaning that the courts will abide by decisions made by higher courts and that rules formulated by judges in earlier decisions are to be similarly applied in later cases
What does “Ratio Decided” mean?
The reason for a courts decision
Decisions from other provinces are ________, not binding, and the higher level of court, the more ________ value a case is likely to carry.
Persuasive
What is an open court system?
Where the public have access to the documents and the hearings associated with a court case.
Why is an open court system important?
because it promotes transparency and accountability in the legal system. its improtant that the piblic retains confidence in the administration of justice
In some intances, the open court principle comes into conflict when an underaged offenders identity needs to be protected. What will the cout issue in this case?
A Publication Ban: any identifying information about a party (name, adress, birthdate) cannot be released to the public
What is Alternative Dispute Resolution (ADR)
A way to resolve disputes outside of court, including methods like mediation (using a mediator), negotiation, and arbitration (using an arbitrator to decide)
What are Administrative Tribunals?
Decision-making bodies outside of traditional courts that are responsible for applying and interpreting the law in specific areas
Decisions by administrative tribunals can be challenged in court through _________ __________.
Judicial Review
What is a Civil Remedy?
A civil remedy refers to the remedy that a party has to pay to the victim of a wrong he commits.
What is Civil Litigation?
The process of going to court to settle a dispute
What is the first step of a Civil Litigation process?
Pleadings: when parties prepare pleadings, they put together writen documents about their version of events
What does the plaintiff and defendant do during the pleading stage?
The plaintiff will set out the facts which they believe entitled them to a legal remedy and what remedy their looking for.
The defendant will want to set out the facts that they belive absolve them of any legal obligations to the pliantiff
What is the second stage of a civil litigation?
The discovery stage, this is where the parties disclose relevant information about the dispute to one another. This encourages them to resolve their disputes without having to go to trial
The process of information sharing, which is known as discovery, takes two forms, what are they?
1) parties share documents with each other
2) parties are entitled to question the adverse party, meaning the other side to the lawsuit
