Management and Organizational Studies 2275A/B Chapter Notes -Appellate Jurisdiction, Public Auction, Ouster Clause
Adjudicating civil/private disputes, assessing liability, awarding compensation, criminal. Procedural law allows a fair hearing, litigants have equal access to courts, parties have notice of an action against them and opportunity to reply. Canadian courts open to public: justice not only must be done but also must be seen to be done. : 2 private ppl use court as referee to adjudicate dispute, judge choose between 2 pos. decides in action favor of side w/ more probable pos. Judge: deciding the matter on the balance of probabilities (proof +50%) Quasi-criminal matters: offence is against state & victims of crime are witnesses, crown prosecutor. Person may face criminal & civil for same matter. Can be innocent @ criminal trial and liable @ civil (proof) Provincial and federal authority to create enforcement provisions for laws that have been enacted in the. Constitution act regulatory offences are manifestations of this power. Criminal jurisdiction over less serious criminal matters: magistrates & judges.