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Chapter 3

LAWS 1000 Chapter Notes - Chapter 3: Military Justice, Provincial Superior, Trial Division


Department
Law
Course Code
LAWS 1000
Professor
Ozsu Faik
Chapter
3

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Law and society – Chapter 3 – Week 5, Oct 7th (The organization of law)
Courts:
- Function = to process disputes
- Disputes between individuals, company vs. individual, etc.
- This process is called adjudication
- Available to all members of society
Dispute Categories:
- Important to examine what kinds of disputes are processed in courts to understand what
courts do
- 3 important categories = the bulk of the work
1. Private disputes
- The absence of any initial participation by public authorities
- Ex: divorce
2. Public-initiated disputes
- Occurs when the gov. seeks to enforce norms of conduct or to punish individuals who
breach those norms
- Governed by the law of the entire community
3. Public defendant disputes:
- When the government participates as a defendant
- Challenges to the authority of gov. agencies or questions about certain gov. actions
The Organization of Courts:
- Canada is a federal state, so legislative powers are divided between two levels of
government: Federal and provincial
- Composed of a range of courts that have varying jurisdictions
Levels of Canadian Courts:
1. Provincial/territorial courts:
- Most criminal offenses
- Family law
- Traffic violations
- Etc.
- Some prov. courts are devoted entirely to drug cases or domestic abuse cases, and others
2. Provincial/territorial superior courts:
- Every province or territory has a superior court
- Highest court at the provincial level (called different things, like queens or high court)
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find more resources at oneclass.com
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