ADJ-1 Lecture Notes - Lecture 3: Precedent, Inquisitorial System, Golden Rule

• School: RCC
• Department: Administration Of Justice
• Course: ADJ-1
• Professor: graham

Document Summary

Hierarchical system in which the decisions of higher courts are binding on lower courts. Both in the matter at hand and for future cases. This is another aspect of stare decisis". Definition: the principle that courts are required to follow the decisions of higher courts in the same jurisdiction. Court cases are almost always started in the lower (trial) courts. If appealed, they move up to higher courts. Different lower courts are assigned original jurisdictions over different matters. The highest court in canada is the supreme court of canada. The decisions of superior courts of each province are binding on the lower courts in that. The small claims court minor civil matters. The divisional court an appeal court. Decision to be based on evidence adduced by parties who are presumed to be best able to advance their case. Judge is to be a neutral arbiter.