LWSO 203 Lecture Notes - Concurrent Jurisdiction, Alternative Dispute Resolution, Provincial Superior
12 Mar 2013
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Document Summary
Canadian court structure: role of the courts. Key function: decide the legal cases that come before the court by the claimants according to legal principles. Many come to court that aren"t legal (emotional, economical). Passive: only decide cases brought to them (wait until there"s a problem brought to them) Most legal disputes never make it to the court house. Some would argue they are a reflection of a particular ideology instead of a community value. Courts hear three types of cases: trials, appeals and preliminary matters: trials. Parties call witnesses and present evidence (opening statement, calling all forms of evidence, cross examination, judge"s decision) Civil cases: plaintiff, defendant, liable or not liable. Criminal cases: crown/prosecutor, accused/defendant, guilty or not guilty (unable to prove beyond a reasonable doubt: appeals. Panel of 3 judges at court of appeal or 7-9 judges at scc. No evidence is called or witnesses in court.
