YATES_9TH_CHAPTER_3 - CHAPTER 3 THE CHAPTER RESOLUTION OF...

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1 CHAPTER 3 – THE CHAPTER 3 – THE RESOLUTION OF DISPUTES – RESOLUTION OF DISPUTES – THE COURTS, LITIGATION THE COURTS, LITIGATION AND ITS ALTERNATIVES AND ITS ALTERNATIVES
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2 A. A. WHAT ARE THE QUALITIES WHAT ARE THE QUALITIES OF A GOOD LEGAL SYSTEM OF A GOOD LEGAL SYSTEM Broad Application – the same law is to apply to everyone Fair and Impartial Judges – the law is to be applied by someone who is free from bias Consistency – Deal with similar cases in similar ways Accessibility – Accessible and understandable Constancy – Any change in the law must be gradual so that the rules remain reasonably certain and predictable
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3 Good legal system cont’d Good legal system cont’d Flexibility – The law must keep up with developments in business and society and be able to change with the times Reasonableness – “The law must set standards of behavior that are defensible Enforcement – The law must be capable of enforcement. Justice – Assessed by an objective, impartial and neutral judge who applies laws that are fair and transparent. Relatively inexpensive
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4 A. A. THE CIVIL COURT SYSTEM THE CIVIL COURT SYSTEM a. a. ADMINISTRATIVE ADMINISTRATIVE TRIBUNALS TRIBUNALS Workers Compensation Board, Residential Tenancy Branch, Labour Relations Board, Disciplinary Boards, Licensing Boards
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5 b. b. COURTS COURTS Difference between a civil trial and a criminal trial burden of proof in a civil trial is on the balance of probabilities and in a criminal trial it is beyond a reasonable doubt. the accused does not have to testify (presumption of innocence); in a civil case the Plaintiff can conduct an examination for discovery of the defendant.
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6 c. c. COURT HIERARCHY COURT HIERARCHY Difference between a trial court and an appeal court trial judge hears witnesses, appeal judges receive evidence through transcripts trial judge makes finding of facts that bind appeal judges appeal judges to correct errors of law one trial judge, 3 or more appeal judges
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7 d. d. CIVIL COURT SYSTEM IN CIVIL COURT SYSTEM IN BRITISH COLUMBIA BRITISH COLUMBIA PROVINCIAL COURT SUPREME COURT FEDERAL COURT SMALL CLAIMS OF BRITISH COLUMBIA TRIAL DIVISION $25,000 monetary limit unlimited unlimited appeal to Supreme BC B.C. Court of Appeal Federal Court of Appeal SUPREME COURT OF CANADA
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8 C. C.
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YATES_9TH_CHAPTER_3 - CHAPTER 3 THE CHAPTER RESOLUTION OF...

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