YATES_9TH_CHAPTER_3a_spring_

YATES_9TH_CHAPTER_3a_spring_ - CHAPTER 3 THE CHAPTER...

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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
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3 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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4 c. c. 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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5 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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6 e. e. 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. PROCESS OF CIVIL PROCESS OF CIVIL LITIGATION LITIGATION a. Decision to bring a Court Action Statute of Limitations Jurisdiction o Which court should hear the case (Supreme Court, Small Claims, Federal Court) o Geographically Can the judgment be enforced?
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9 b. b.
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YATES_9TH_CHAPTER_3a_spring_ - CHAPTER 3 THE CHAPTER...

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