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2B - Organizations of Law - Courts.docx

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University of Waterloo
Legal Studies
LS 101
Susan Brophy

Unit 1: Basics of Law Week 2B September, 19, 2013 Session 3: Organization of Law - Courts Background Questions we will explore today:  Which groups tend to have more success (i.e. win more cases) in court? Why?  What are the advantages and disadvantages of precedent-based adjudication?  What is the relevance of the distinction between “issues of law” and “issues of fact”?  Do judges have too much power? Overview Role of Courts  Dispute processors o Adjudication o Passive  Open to all  Public forum Areas of Jurisdiction  Dispute Categories o Private dispute e.g. divorce, business o Public-initiated dispute e.g. criminal law o Public defendant dispute e.g. public can go against the state Organization  Supreme Court of Canada o Must submit a ‘leave to appeal’ to the Supreme Court and then they later decide whether or not they will hear it o They must find an interesting question that is for the welfare for all of Canada, they may not hear it o If you have been acquitted at one level, guilty at another, you have more a right to seek an appeal from the SCC  Specialised Federal Courts o E.g. tax courts, military courts  Appellate Courts o Federal Court of Appeal would hear cases tried by previous judges but will not hear evidence  Provincial and Territorial Superior Courts Participants There are 4 major players in the courts 1. Litigants  Disputants Unit 1: Basics of Law Week 2B September, 19, 2013  One-shotters  Those applicants that only need to go to the courts just one  Is vested in that one case  A “novice” in the system, unaccustomed to the system  Repeat Players: e.g. intellectual ventures  Those well accustomed to the system  Intellectual ventures – ‘patent trolls’, sue and collect royalty through the legal system to get money from those companies that use the patents  Government success as appellant and respondant 2. Lawyers  It is a highly technical game  Intermediary  Brings you into the court  Gatekeepers  Gives advice to whether or not you should precede to trial  Repe
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