POLS 3130 Lecture Notes - Lecture 4: Precedent, Oral Argument In The United States, Henry Morgentaler
5 Oct 2016
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2: combine facts and law to produce right result. Appeal courts: what they do: review lower court cases, read factums and hear oral arguments from lawyers (not witnesses) o o. Apply law to facts already determined at trial. Trial: resolve disputes based on facts and settled law. 80-85% of cases are those granted leave to appeal, which means the scc has chosen to hear them. Scc as of right requirement further diminished in 1997 o. Cj mclachlin: has called for abolition of as of right entirely: no one should have the right to have their case heard. Provincial appeal courts: far more as of right. Provincial courts of appeal: usually 3 (occasionally larger) Supreme court of canada: 5, 7, or 9 o o. If there is a tie, if someone is sick for example, they refer to the lower courts decision (very rare) Chief justice decides both size and personnel of panel: mclachlin: more 9-judge panels.
