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Crim 131 - Exam Review.docx

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CRIM 131
Barry Cartwright

Crim 131Page 1Common LawInherited from British legal traditionApplication and interpretation of law also based on case law or precedentsLike cases should be treated alike judges should take into consideration what other judges do under same circumstancesJudicial interpretationlaws not always clear but may be clarified through legal decisionsHigher courts set precedents lower courts must followStare DecisisStare decisis To stand by what was decidedProvincial CourtsProvincial courtsSuperior courtsSuperior CourtsSuperior Court TrialSuperior Court AppealMay be called Supreme CourtWhos The Boss Supreme Court Superior Court Appeal Superior Court Trial PROVINCIAL COURTProvincial CourtsLowest level of courtsDeal with most criminal casesProvincial governments have jurisdictionFunded by provincial governmentsJudges appointed by provincial governmentsDeal with offences under Youth Criminal Justice ActDeal with offences against provincial statutesOperate small claims courts and family courtsOntario has specialized courts for domestic violence and Aboriginal offendersSuperior Supreme Courts Supreme Court Court of AppealHears serious criminal cases Hears criminal and civil appealsOne judge may involve jury Three judges no juryAppeal RightsConvicted person has right to appeal either verdict or sentence or bothIf convicted in provincial court can appeal to superior court trial division or to court of appealIf appealing verdict or sentence from the trial division of superior court appeal goes directly to court of appealAppeal at Superior Court Appeal Division rests on majority decisionTo appeal to Supreme Court of Canada one of appellate judges in Superior Court Appeal Division must dissentMust seek leave to appealSupreme Court of Canada mostly hears appeals involving Charter Rights or where important legal clarification required
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