POLS 3130 Lecture Notes - Lecture 4: Tree Model, Appropriate Behavior, Sue Rodriguez
17 Dec 2017
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Trial courts: o o o o o o o. Combine facts and law to produce right results. Read factums and hear oral arguments from lawyers (not witnesses) o. Apply law to facts already determined at trial. Trial: resolve disputes based on facts and settles law. Vast majority of cases were appeal as of right. Leave to appeal was of importance to litigants (appellate review) Appeals as of right make up only 20% of cases. Leaves to appeal make up 80% of cases. This is of importance to country supervisory control. Scc as of right requirement further diminished in 1997 o. Applications scc grants to leave are around 10% Cj mclachlin: has called for abolition of as of right entirely. Provincial appeal courts see far more as of right cases. Scc staff recommendation : this is a specialized unit, not clerks. Panels change around one a year: don"t meet in person, majority vote, high unanimity.
