POLS 3130 Lecture Notes - Lecture 2: Drug Court, Supplemental Jurisdiction, Youth Criminal Justice Act

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Lecture 2 - structure of canadian judiciary: which level of government administers courts, which level of government appoints judges, what kinds of cases (from what locations) can courts hear (what is their jurisdiction) Territorial, hierarchal: how much discretion do courts have in hearing cases. Three types of courts: section 92 courts provincial courts. Created, administered and judges appointed by the provincial government: section 96 courts superior courts. Administered by the provinces and judges are appointed by the federal government: section 101 courts federal courts. Created, administered and judges appointed by the federal government. Differences between canada and us judicial structures: no mixed courts in the us where both levels of government have involvement in administration/appointment. No equivalent of section 96 courts in canada. In the us, federal courts including supreme court, only hear cases involving federal law. State laws are only dealt with if they might violate us constitution or in complex case involving state and federal law.

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