Resolution of Disputes - The Courts Flashcards
What is litigation?
legal matter which has the potential to go to court
True or False?
One incident may result in both criminal and civil trial proceedings, with the accused being charged and sued
True
What are the parties involved in criminal trials?
Crown v. the Accused
What are the parties involved in civil trials?
Plaintiff v. the Defendant
Who does the Onus of Proof fall onto for criminal trials
falls on the Crown to prove guilt
Who does the Onus of Proof fall onto for civil trials
falls on the Plaintiff to prove liability
What is the Burden of Proof for Criminal trials?
proof beyond reasonable doubt
What is the Burden of Proof for Civil trials?
Proof on a balance of probabilities
In which trial system are parties more evenly balanced?
Civil (lesser burden due to lesser consequences)
True or False?
Trials can be held in appeal court
False
Only the question of law may be appealed in appeal court (determines whether the trial court made an error interpreting the law)
Who hears appeals?
A panel of judges
Who are the parties in Appeal Court?
Appellant v. Respondent
What does “held” mean?
the court’s decision
What does “Appeal allowed” indicate?
the Appellant has won
What does “Appeal dismissed” indicate?
the Appellant has lost
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
True
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
b) because there are no witnesses or juries allowed in the Court of Appeal
What are some characteristics of the Court of King’s Bench in Alberta?
- 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
What 5 Courts are a part of the Alberta Court of Justice (ABCJ)?
- traffic
- family
- youth
- criminal
- civil
Which matters is the ABCJ not allowed to deal with?
- claims involving land titles
- defamation suits
- malicious prosecutions actions
- wills and estate litigation
- debt and damage claims for amounts exceeding $100,000
- granting divorce
What is family court in the ABCJ responsible for?
the before and after of divorce court (not divorces!!) and child welfare matters
What is the hierarchy of Federal Courts?
Supreme Court of Canada –> Federal Court of Appeal –> Federal Court –> Tax Court
Where are the Federal Courts located?
Ottawa
True or False?
The Alberta Court of Justice is the only trial court or “court of first instance” in Alberta
False
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
False
The next level above the Alberta Court of Appeal would be the SCC
True or False?
In Alberta, the Court of Justice criminal division is the court where criminal charges laid against adults are first heard
True
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
b.
When must matters be proved beyond reasonable doubt?
a. In trials before the ABCJ, civil division
b. In criminal prosecutions
b. In criminal prosecutions
