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Lecture 5

POLS 3130 Lecture 5: pols3130sept28

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University of Guelph
Political Science
POLS 3130
Kate Puddister

Access to Courts: Mootness Moot: dispute is no longer live; hypothetical or abstract question By the time Borowski was granted a trial, Morgentaler had already beat him to the Supreme Court and the abortion law was already in place, classifying Borowski’s case as moot Access to Court: Ripeness Ripeness: whether a dispute has had enough time to develop a sufficient legal and factual foundation To prevent the courts from addressing cases that have not been solidified or other available remedies have been exhausted Saumur et al. v. Attorney General of Quebec just the fear that something might happen to you, doesn’t justify you going to court Access to Courts: Political Questions • Purely political matters or matters that do not raise a significant legal component should not be heard by courts • American doctrine, strict application had been rejected in Canada • Supreme Court has accepted cases considering foreign policy and constitutional conventions • Constitutional convectionsunwritten • Operation Dismantle v. The Queen is this desecion purely political? Court decided that yes, the Cabinet would be granted access to trial, but they lost the case Justiciability in Canada For a matter to be justiciable: 1. Litigant must have standing 2. The issue must not be moot 3. The issue must be ripe 4. The issue must not be a purely political nature Policy making courts are more likely to have low barriers from the above categories, adjudicative models have stricter barriers Fact Finding in the Judicial Process • Fact finding: process where the facts relevant to a dispute are determined -Who, how, what and when -Formal legal truthif two witnesses give two different stories, the judge decides which story to go with -Determined by a judge or jury and the rules of evidenceif police search a house without a search warrant, that evidence can be struck down and not be included in the trial • Fact finding the role of trial courts • Except for de novo review if the court goes with one story from a victim, and then see video footage showing the time of the robbery Types of Facts: Adjudicative (Historical) • The where, when, and why of what the accused is alleged to have done • Directly related to the dispute • Consider motives and intent • Differen
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