Chapter 2- The Machinery of Justice.docx - Chapter 2 The...

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Chapter 2: The Machinery of Justice Classifying law: Substantive law: -rights and duties each person has in society -provides a set of laws for how people in society should behave -defines rights and responsibilities in civil law and crimes Procedural law: Legal systems: civil law - comprehensive set of legislated code derived from roman law common law - cased based system (based on recorded reasons given by courts for their decisions) System of courts: 1. Courts of first instance : where an action is initiated, trial takes place 2. Court of appeal : may appeal if dissatisfied with decision of in court of first instance (3-5 judges) 3. Final court of appeal : supreme court of Canada (9 judges) The courts -small claims court -provincial division -superior court of justice -federal court -tax court of Canada Steps in an action: Using The Courts 1. Plaintiff serves statement of claim setting out the cause of action against the defendant

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