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ADMS2610-Session1-Ch2 - ADMS2610 Session 1 Chapter 2(pg...

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ADMS2610 Session 1 Chapter 2 (pg. 29-40, 43-46) Structure of the Judicial System Judicial System - In Canada, there are many different courts with different jurisdiction - Jurisdiction means the right or authority to hear and decide a dispute - The court must have authority to deal with the case brought before it and over the parties or the property or the matter - Authority is divided in different ways: o (1) Monetary – court has been authorized to hear cases concerning money up to a certain amount o (2) Geographic – court has cases concerning land within the particular province or area where the land is situated o (3) Subject Matter (jurisdiction over the parties to a dispute) – court must have the authority or power to compel the parties’ attendance or to impose its decision on them - Courts of Law o Courts of Original Jurisdiction (Trial Courts) A dispute or case is heard for the first time by a judge, where all the facts are presented so the judge can render a decision Criminal and Civil cases are first heard o Courts of Appeal Hear appeals from the decisions of courts of original jurisdiction Superior or “higher” courts in that their decisions may overrule or vary the decisions of the “lower” or trial courts Principal foundation is to review the decisions of trial courts if one of the parties to the action in the lower court believes that the trial judge made an erroneous decision Do not normally hear evidence but hear arguments by counsel for the parties Sometimes appeal is limited to the amount of damages awarded In criminal cases, severity of the penalty imposed Appeal court may find the judge at trial failed to consider important evidence when reaching their decision and send the case back to the lower court for a new trial Looks for errors of law Types of Courts - Federal Courts o Federal Court Trial Division hears disputes between provincial governments and the federal government or actions against the federal government o Deals with federal matters under federal government jurisdiction
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Includes admiralty, patents, tax, trademark, immigration, copyright o A trial decision of the Federal Court may be appealed to the Federal Court of Appeal and the appeal with leave to the Supreme Court of Canada - Provincial Courts o Each province has authority to establish their own system and assign each court a specific jurisdiction o There are different variation in names and powers do exist but overall they are similar in function - Criminal Courts o (1) Magistrate’s or Provincial Court Court of original jurisdiction Initially deals with all criminal matters Holds preliminary hearings of more serious crimes to determine if sufficient evidence exits to send it to a higher court All provinces have one except for Quebec which is known as the Court of Sessions of the Peace o (2) Provincial Supreme Court Hears more serious criminal matters Ontario calls this court the Superior Court of Justice
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ADMS2610-Session1-Ch2 - ADMS2610 Session 1 Chapter 2(pg...

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