Chapter 3 Lecture and Textbook Notes

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Management and Organizational Studies
Management and Organizational Studies 2275A/B
Janine Higgins

The Resolution of DisputesSeptember 21 2011Chapter 3The courtsCriminal and civil courtRegina the government vs an individual Trial courtThe lowest court They decide the facts of the case You can then appeal to the Court of Appeals based on an error of lawAppellate courtDoes not need to hear a case They will hear a case if they thing an error in applying the law The highest court that hears appeals is the Supreme court You apply for a leave to the Supreme Court The Supreme court only wants to hear cases that have national significance Federal CourtsCourts that have been designated to hear matters that are within the Federal jurisdiction Refer to section 91 and 92 of the British North America Act to see whether the Federal Court has jurisdiction Criminal FunctionThe government Crown will act on behalf of society to prosecute the accused The accused is convicted only when the Crown proves the case beyond a reasonable doubt burden of proofITS ABOUT JUSTICE NOT MONETARY RESTITUTIONVictims are merely witnesses at the trial They dont get restitution form a criminal trial but they can go after the accused civillyYou only have an ACCUSED in a CRIMINAL case Not CivilEXAMPLEOJ was found Not Guilty in the Criminal Case against him and the family got nothingThen the family of the deceased sued OJ civilly for the TORT OF WRONGFUL DEATHThey sued for monetary damagesOJ lost The family was awarded a ton of money but didnt get any because he hid money and declared bankruptcyOJ then writes a book called If I did it describing how he would have done it if he had done it
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