Roles of Law in Society Flashcards
Three institutions of the Canadian state
Executive, legislatures, and courts (judiciary)
Functions of judges
Dispute resolution, interpret legislation & develop common law, protect rights
Judicial Committee of the Privy Council
Highest court of appeal in Canada until 1949
Why is legal theory important?
gives a starting point for analyzing the legitimacy, roles, and impact of laws/institutions. Also gives a good legal lens
Purpose of legal studies?
Question the substance of the law, how rules are created/interpreted, how the law shapes & impacts society , and the roles of legal actors/institutions
What issues does the Ontario Court of Justice deal with?
Family law (if not a branch of superior court), criminal offences (including most youth cases), appeals of provincial offences. Justices hear provincial offences and bail
What issues does the Ontario Superior Court of Justice deal with?
INHERENT JURISDICTION- can hear any case that comes before it. Other courts housed in superior court are: unified family, small claims, and divisional court
What issues does the court of appeal deal with?
Issues of law, and reference questions. Rarely hears evidence or determines issues of fact
What issues does the Supreme Court of Canada deal with?
Final court of appeal, since 1949- also deals w/ issues of law, reference questions, and rarely hears evidence/determines facts. can overturn a decision based on new evidence. Respects findings of fact: they can only read transcripts, not real presence of witnesses on the stand.
How many judges and justices in the ontario provincial court?
250+ judges, 325+ justices
How many judges in the ontario superior court of justice?
300+ judges
How many judges on the Ontario court of appeal?
22 judges
How many judges on the Supreme court of canada?
9 judges
What is regional representation in the supreme court of canada?
Must be 3 judges from Ontario, 3 from Quebec, 2 from west, 1 from east
