LWSO 203 Lecture Notes - Superior Court, Reversible Error, Provincial Superior
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. The court waits for the claimants to bring the case to them. Court only addresses the legal aspect of disputes. Through their decisions, show what values are important in their community. Express community values by showing what is acceptable and what isn"t. Legal realists would believe it is a reflection of the physicians values: trials. > the opposition can cross examine the witness. > ask leading questions to discount the witnesses testimony. Civil cases: plaintiff: the accuser, defendant: the accuse, liable or not liable: whether or not the defendant has wronged the plaintiff and if they must repay the damages. Criminal cases: crown/prosecutor (the accusers, represent the state), accused: the defendent, guilty or not guilty: the outcome. May be unable to prove beyond reasonable doubt: appeals.