Resolution of Disputes - The Courts

Question 1

What is litigation?

Answer 1

legal matter which has the potential to go to court

Question 2

True or False?

One incident may result in both criminal and civil trial proceedings, with the accused being charged and sued

Answer 2

True

Question 3

What are the parties involved in criminal trials?

Answer 3

Crown v. the Accused

Question 4

What are the parties involved in civil trials?

Answer 4

Plaintiff v. the Defendant

Question 5

Who does the Onus of Proof fall onto for criminal trials

Answer 5

falls on the Crown to prove guilt

Question 6

Who does the Onus of Proof fall onto for civil trials

Answer 6

falls on the Plaintiff to prove liability

Question 7

What is the Burden of Proof for Criminal trials?

Answer 7

proof beyond reasonable doubt

Question 8

What is the Burden of Proof for Civil trials?

Answer 8

Proof on a balance of probabilities

Question 9

In which trial system are parties more evenly balanced?

Answer 9

Civil (lesser burden due to lesser consequences)

Question 10

True or False?

Trials can be held in appeal court

Answer 10

False

Only the question of law may be appealed in appeal court (determines whether the trial court made an error interpreting the law)

Question 11

Who hears appeals?

Answer 11

A panel of judges

Question 12

Who are the parties in Appeal Court?

Answer 12

Appellant v. Respondent

Question 13

What does “held” mean?

Answer 13

the court’s decision

Question 14

What does “Appeal allowed” indicate?

Answer 14

the Appellant has won

Question 15

What does “Appeal dismissed” indicate?

Answer 15

the Appellant has lost

Question 16

True or False?

In a civil action, the plaintiff must prove their case on the balance of probabilities, whereas a prosecutor in a criminal action has to prove their case beyond reasonable doubt

Answer 16

True

Question 17

When making its decision on an appeal, the appellate court will consider all of the following EXCEPT:

a) the transcript from the trial

b) the fresh testimony of witnesses, witnesses are called to re-testify the appeal

c) the trial judge’s reasons for decision

d) the arguments put forward by lawyers at the appeal

Answer 17

b) because there are no witnesses or juries allowed in the Court of Appeal

Question 18

What are some characteristics of the Court of King’s Bench in Alberta?

Answer 18

• unlimited trial jurisdiction
• can act as the court of first instance (trial court) in any matter and it hears appeals from the lower provincial courts and administrative tribunals
• judge alone or judge and jury trial
• governed by the Court of Kings Bench Act

Question 19

What 5 Courts are a part of the Alberta Court of Justice (ABCJ)?

Answer 19

1. traffic
2. family
3. youth
4. criminal
5. civil

Question 19

Which matters is the ABCJ not allowed to deal with?

Answer 19

• claims involving land titles
• defamation suits
• malicious prosecutions actions
• wills and estate litigation
• debt and damage claims for amounts exceeding $100,000
• granting divorce

Question 20

What is family court in the ABCJ responsible for?

Answer 20

the before and after of divorce court (not divorces!!) and child welfare matters

Question 21

What is the hierarchy of Federal Courts?

Answer 21

Supreme Court of Canada –> Federal Court of Appeal –> Federal Court –> Tax Court

Question 22

Where are the Federal Courts located?

Answer 22

Ottawa

Question 23

True or False?

The Alberta Court of Justice is the only trial court or “court of first instance” in Alberta

Answer 23

False

Question 24

True or False?

If a litigant is dissatisfied with the decision rendered by the Court of Appeal of Alberta, then they should appeal the matter to the Federal Court of Appeal

Answer 24

False

The next level above the Alberta Court of Appeal would be the SCC

Question 25

True or False?

In Alberta, the Court of Justice criminal division is the court where criminal charges laid against adults are first heard

Answer 25

True

Question 26

What types of cases fall within the jurisdiction of the Federal Court?

a. Criminal charges brought against an accused
b. Disputes that fall within the federal sphere of power

Answer 26

b.

Question 27

When must matters be proved beyond reasonable doubt?

a. In trials before the ABCJ, civil division
b. In criminal prosecutions

Answer 27

b. In criminal prosecutions