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Lecture 10

POLS 3130 Lecture 10: pols3130nov14

3 Pages

Political Science
Course Code
POLS 3130
Kate Puddister

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Criminal Law vs. Civil Law Civil law: a lot of pretrial activity, trying to resolve dispute before going to a judge before, plaintiff and defendant, not the Crown and accused, burden of proof is lower Features of the Canadian Civil Justice System: 1. Decentralized system-varies from jurisdiction, different sets of rules for each jurisdiction, often solved through lower courts -14 different systems -most cases resolved by provincial courts 2. Diversity of parties -cases do not necessarily involve governments -governments are no different than private parties -groups could involve: organizations, unions, business, individual 3. Importance of negotiation -vast majority (over 90%) of cases end in settlement 4. Access to Justice a concern -going to court is extremely expensive -in able to have a meaningful trial/ lawyer, it is extremely expensive and time consuming 5. Power and Accountability Scope and Substance of Civil Law • Lawyers specialize in either a subject area of law: -corporate and commercial law -sports and entertainment law -international law • Or, lawyers specialize in a field/type of law -tort -estate -property and real estate • Governed by statutes or common law rules • Many types of civil disputes are diverted out of the system -boards and tribunals • Torts: harm between private individuals, different processes, terminologies, standards of evidence and remedies compared to state prosecuted criminal offences Example; O.J Simpson was found not guilty, victims family sued on a tort law and he was found guilty • Contractual disputes -disputes that arise when a party to an agreement does not fulfill their contractual disputes -includes labour law • Property law Civil Law and the Constitution • Constitutional covers public law • Legislation governing civil disputes must conform to the constitution (including the charter) -M v. H [1999] 2 S.C.R. 3- Ontario family Law Act same sex couple splitting up, ther
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