SOC 3730 Chapter Notes - Chapter 5: Trial De Novo, Competent Tribunal, Legal Culture
Document Summary
Appeal: a request to a competent tribunal to reconsider a decision arrived at by another body. Such competent tribunal is always a higher court. Historically, the courts of appeal in ontario and quebec preceded the supreme court and the high reputation of those courts especially in ontario where they were at a time of an argument against creating the supreme court. Because the anglo-american court system has an imperfect hierarchy they tend to hear less appealed cases and it being more of a routine than one that is more developed. The result would be that we would have more superior judges and the distinction between trial and appeal judges would be harder to make due to the decisions being made by lower judges. The pure hierarchal model represents the first generation approach where it is of top d own control and a rejected example of upper-court myth. Bureaucratic model: that is stressed upon the higher courts.