Textbook Notes (363,519)
Canada (158,391)
BUS 393 (52)
Chapter 3

Chapter 3 – The Resolution of Disputes – The Courts and Alternatives to Litigation

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Simon Fraser University
Business Administration
BUS 393
Richard Yates

Chapter 3The Resolution of DisputesThe Courts and Alternatives to LitigationThe CourtsCourts are open to the public exceptions if affects security of the nation incamera hearings closed to public if children or sexual assault hearing is open but no publication of namesCivil actions two people use court as a referee to adjudicate a dispute judge chooses between two positions based on balance of probabilitiesCriminal prosecutions offence is against state and victims are witnesses government prosecutes accused through a Crown prosecutor judgejury must be convinced beyond a reasonable doubtSomeone may face both criminal and civil trials for same mattercan lose one and win otherRegulatory offences eg environmental fishing employment hunting securities etc are quasicriminal matters not under the Criminal Codecriminal law is federal responsibilityTrial Courts of the ProvincesLower provincial courtsoProvincial Courtscriminal jurisdiction over less serious offencesoSmall claims courtscivil matters less than 25000oFamily courtsfamily matters such as custody maintenance alimony not divorceoYouth courtsunder the Youth Criminal Justice Act age 1218 subject to same Criminal Code but different level of punishmentSuperior court of the provincehigh trial level court unlimited monetary jurisdiction serious criminal mattersCases first appear before trial courtsJudge makes findings of law and jury of factRecent DevelopmentsSentencing circlesused for aboriginal cases where all interested persons meet to discuss the offence and sentencing options restorative justice methodCourts of Appeal of the ProvincesProvincial appellate courts hear appeals from lower courts of that province must hear a case before it can go to the Supreme Court of CanadaIf dissatisfied with trial court decision and error in lawprocedure decision may be appealedOnly look at questions of law not of fact but usually mixed law and factAppeal court does not hold a new trialonly review trial transcript and reasons for decisionCourts at the Federal LevelFederal Court trial courthears disputes within federal jurisdiction eg copyrights federal boardscommissions federal landsmoney federal govt contractsFederal Court of Appeal hears appeals from Federal Court and administrative tribunals
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