POLS 3130 Chapter Notes - Chapter 2: Judicial Independence, Small Claims Court, Reference Question

• School: University of Guelph
• Department: Political Science
• Course: POLS 3130
• Professor: Vito Totino

Document Summary

Marshall v. the queen demonstrates the interaction between the different levels of the. Canadian court system-emphasized the wording of law being very influential on the outcome. Different courts perform primarily different but overlapping functions(fact finding ) 92 courts-created, organized, administered, appointed and paid by province-each province has own set. 96 courts-each province has own set-judges appointed and paid by feds. Jurisdiction-refers to the responsibilities of the court, or what matters it is authorized to hear. Hierarchical jurisdiction-court"s rank in judicial system (trial, appeal or both) Subject-matter jurisdiction-set of legal issues heard in that court (criminal, civil) Distinction between original jurisdiction" (heard it first) and appellate jurisdiction"(review lower courts rules) Also distinction between exclusive jurisdiction (only province or only fed) and shared (both) Jurisdiction can expand or narrow, which is largely based on larger political issues. Jurisdictional disputes between provinces and feds tend to be taken care of in courts themselves.