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43 > Set-Up of the Courts > Flashcards

Set-Up of the Courts Flashcards

1
Q

Define jurisdiction?

A

The right or authority of a court to hear or decide a dispute

  • Must have authority to listen to deal with cases (in respect to parties)
  • May also be monetary (court has been given the power to give judgement based on money)
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2
Q

What are the two types of courts of law?

A
  1. Courts of original jurisdiction
  2. Courts of appeal

https://www.google.com/url?sa=i&url=https%3A%2F%2Fwww.justice.gc.ca%2Feng%2Fcsj-sjc%2Fjust%2F07.html&psig=AOvVaw1-2p_we6QgyX5rKAY-iGzM&ust=1635742561300000&source=images&cd=vfe&ved=0CAsQjRxqFwoTCPjZsYTu8_MCFQAAAAAdAAAAABAD

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3
Q

What are the Federal courts and what do they all do?

A
  1. Federal Court Trial Division: disputes between provincial government and federal government actions
  2. Federal Tax Court: between taxpayers and CRA
  3. Federal Court of Appeal
  4. Supreme Court of Canada (not considered federal but highest level)
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4
Q

Give a summary of the magistrate/provincial court

A
  1. Usually presided over a judge or magistrate
  2. Generally deals w criminal matters related to accused
  3. Some provinces empowered to hear cases where provincial statue violations happen or municipal violations
  4. Preliminary hearings for criminal cases
  5. Only Quebec doesn’t have one: Court of Sessions of the Peace
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5
Q

Give a summary of the provincial Supreme Court?

A
  1. To hear only serious criminal cases
  2. Justices of the court periodically travel throughout province to hear cases (County Courthouse)
  3. Jurisdiction over all summary convictions and almost indictable offences except those with right of election (provincial, QB, QB&J)
  4. To hear all preliminary hearings and quasi-criminal. Civilly, small claims (up to $30,000)
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6
Q

What are youth courts and their scopes/responsibilities?

A
  1. Criminal offences only
  2. Youth Criminal justice act
    - young person is 12-18
  3. May be presided over judges who have powers of a justice or magistrate or summary of conviction court
  4. Could be transferred to ordinary courts
  5. What can happen with results
    - Compensation
    - Restitution
    - Fine
    - Community service
    - Custody
    - Absolute discharge
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7
Q

What are family courts and what is their set-up?

A
  1. Jurisdiction deals with domestic problems and the enforcement of federal and provincial legislation
  2. Most cases are non-support from family members, or family relationships deteriorated
  3. Courts with no family court will be held at Supreme of Superior Court of Province
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8
Q

Family Law:

Dissolution of Marriage components?

A
  • Spousal relationship - together for a period of 24 months
  • Divorce takes place when two persons, spousal relationship, seeks dissolution of marriage (only one ground marriage breakdown)
    1. Adultery
    2. Intentionally being separated for one year min.
    3. Physical or mental cruelty
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9
Q

Family Law:

Annulment?

A

Objective: to have a marriage be declared null due to other factors (already being married)

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10
Q

Family Law:

Maintenance Act

A
  1. Relates to one’s spouse having to provide resources for other spouse and for the children
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11
Q

Family Law:

Custody of the Children

A
  • Court has to determine which parent will have custody of the children: where to live, upbringing
  • What are the best interest of children
  • Often mother as they are the most involved in raising child
    (de facto custodian)
  • Policy regarding this is: children’s law act
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12
Q

Family Law:

Adoption

A
  1. Deals with when child is adopted

2. Payment maintenance

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13
Q

Family Law:

Apprehension of neglected children

A
  1. Where government quite often through department of social services has to step in to take them away
  2. Will then be determined when it is okay to give child back or hold them
  3. Temporary apprehension is the hope
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14
Q

Family Law:

Paternity or Filiations

A
  1. Involves naming of fathers of children born to unwed mothers
  2. Statue: Children’s Law Act
  3. If male person and female have child not married, they are both responsible for maintenance
  4. Can extend if they go to university or disabled
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15
Q

Family Law:

Division of matrimonial property

A
  1. Important statue when there is a dissolution of marriage
  2. Who gets the property, provides a presumption of equal distribution
  3. Everything is put in the common pot, and divided 50/50
  4. Factors of how long the marriage is determined by if the wealth was accumulated prior to marriage or during marriage
  5. Prenuptial agreement
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16
Q

Court of Appeals

A
  1. Highest jurisdiction of Sask
  2. No automatic right of appeal to Supreme Court of Canada
  3. One has to seek permission called “leave to appeal to the Supreme Court of Canada”
    - will only happen if there is public interest that this case be heard
  4. Rare very seldom witnesses
  5. Consists of 7 justices
17
Q

Administrative Tribunal: Quasi Judicial?

A
  1. Created by a specific statue to carry out the objectives of statue
    Example: highway traffic board of Saskatchewan
  2. Created by government (a statue) to carry out specific piece of legislation
  3. Quasi-judicial means an administrative type hearin
18
Q

Judicial Hierarchy:

Justice of the Peace

A
  1. Prior to infrastructure in the province, members of community with knowledge of the law
  2. Great admin power
19
Q

Criminal Law

A
  1. Defines the relationship between state and individual
    State seeks to charge with a criminal offence
  2. State seeks to punish and rehabilitate
20
Q

Civil Law

A
  1. Relationship between individual and individual
  2. “balance of probabilities”
  3. Easier to get a win here
21
Q

What are the two categories of crime?

A
  1. Summary Conviction
    - Offence is the less serious of criminal offences
    - Fine of upward $500 and/or imprisonment of up to 6 months
    - Theft under $5000 or DUI
  2. Indictable Offense
    - More serious charges
    - Murder 1 & 2
    - Intent - w/o is 2 w is 1
    - Arson, robbery (w gun)
22
Q

Quasi Criminal?

A

Definition: offences dealing with federal or provincial statues, NOT CHARTER

Court that deals with this is provincial

23
Q

What does information mean under the subject of criminal offence?

A
  1. Individual is charged with information
24
Q

What happens if someone is charged with an Indictable offence?

A
  1. Before provincial court
  2. Can decide which court:
    - Queen’s Bench (Judge or J&J): preliminary hearing, remember onus is on the state
    - Job is to prove beyond a reasonable doubt
25
Q

What is the structure of the court in deciding factors?

A
  1. Facts - what info is provided
  2. Decision - Whether criminal or civil
  3. Reason for the decision

43 (8 decks)

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