Chapter 3 - Business Law 2275

9 Pages

Management and Organizational Studies
Course Code
Management and Organizational Studies 2275A/B
Cristin Keller

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Chapter 3The Resolution of DisputesThe CourtsCourts have both civil and criminal functionsCanadian courts are open to the public exceptions to this include when the information coming out at a trial may be prejudicial to the security of the nation when children are involved or in cases involving sexual assaultscommon to hold an open hearing but prohibit the publication of the names of the partiesIn civil actions two private persons use the court as a referee to adjudicate a dispute and the judge sometimes jury as well chooses between the two positions presentedoIn civil actions the matter is to be decided on the balance of probabilities requires proof that there is greater than 50 percent likelihood that the events took place as claimedCriminal prosecutionsoffence is against the state and the victims of the crime are witnesses at the trialoGovernment the Crown against the accusedoThe judge or judge and jury must be convinced beyond a reasonable doubt of the guilt of the accusedeven when it is likely or probable that the accused committed the crime the accused MUST be found not guilty if there is any reasonable doubt about guiltA person may face both criminal and civil trial for the same matterCriminal law is restricted to the matters found in the Criminal Code as well as certain drug control legislation and a few other areas under federal control that have been characterized as criminal matters by the courtsMuch broader area of law that subjects people to fines and imprisonment but does not qualify as criminal lawoThis involves regulatory offences quasicriminal mattersenvironmental fishing and employment offences as well as offences created under provincial jurisdiction which includes motor vehicles securities and hunting offencesOnly the federal government has the power to make criminal lawViolations of regulatory offences do not qualify as criminal actsTrial Courts of the ProvincesEssentially four levels including the Supreme Court of Canada Page 69 Figure 31Provincial Courts lowest level have criminal jurisdiction over the less serious criminal matters that are assigned to magistrates and judgesoDivisions of the provincial courts separate body include small claims courts deal with civil matters involving no ore than 500025000 and family courts no jurisdiction to issue divorcesuperior trial court does thisoSome provinces have separate youth justice courts while some designate the family court to fulfill this function offences under the Youth Criminal Justice ActoAges 1218 are subject to the same Criminal Code provisions as adults but are subject to a different level of punishmentwhere the youth courts come inHighest trial level courts the superior court of a province has unlimited monetary jurisdiction in civil matters and deals with serious criminal mattersoSome provinces has surrogateprobate courtsdeal with the
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