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Comm 393 Notes.docx

61 Pages

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COMM 393

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Comm393Notes20110909Reading ABritish Court SystemThe three levels of the court system are The Courts of First instance trial courtsoWhere witnesses are called and an initial judgment is rendered The court of appeal oWhere one who is dissatisfied with the initial judgment can appeal to the courts to reconsider the decision oAppellantThe party who petitions for the appealoRespondentthe party who defends on an appealoNo witnesses are called and the court proceeds on a basis of written trial records oAppellants claim the judge erred in interpreting the law and the respondents argue to uphold the original decisionThe courts may do one of four things1 Agree with the trial judge and dismiss the appeal2 Agree with the appellant and reverse the trial judgment3 Vary the trial judgment in part4 Declare that the trial judge erred in failing to consider certain facts and send the case back for a new trial in the lower courtand the final court of appealoKnown as the House of Lords in BritainoConsists of the Lord Chancellor and up to nine Lords of Appeal in OrdinaryFinalCourtofAppealHouseofLordsCourtofAppealCourtsofFirstInstance The System of Courts in CanadaProvincial governments are responsible for the organization and operation of police forces and system of the courtsFederal Government is responsible for trade and commerce banking bankruptcy and criminal law as well as the right to appoint and the obligation to pay all county court and superior judgesThe three levels of courts in Canada are the courts of first instance the intermediate provincial courts of appeal and the final court of appeal The Supreme CourtCanadian Court SystemSupremeCourtofCanadaFederalCourtofAppealProvincialCourtofAppealSuperiorCourtsofFirstInstanceFederalCourtTrialDivisionTaxCourtInferiorCourtsofFirstInstanceThe Provincial Court SystemInferior Trial CourtsSmall Claims CourtoHandles private disputes for smaller amounts of moneyoSimple informal and low costoBusiest civil courtProvincial DivisionHandles criminal cases except those for murder treason sexual assault and manslaughterNo JuryA different division of this court hears family questions of custody but not divorce or a Youth Court can be created for crimes committed by youthsSuperior Trial CourtsSurrogate Court Probate CourtoSupervises the estates of deceased persons oAppoints an administrator to handle affairs of those who dies intestate settles disputes over the validity of wills and the division of assets and approves accounts of executors and administrators oIntestateWithout leaving a willGeneral Division Superior CourtsHas unlimited jurisdiction of all civil and criminal actionsDeals with divorce and most serious criminal matters and may also serve as a court of appeal for less serious criminal offenses The Intermediate Appellate CourtThe Court of AppealServes the same purpose as in Britain The Federal CourtsSupreme Court of Canada
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