2- Courts Litigation ADR - Students

2- Courts Litigation ADR - Students - Courts Litigation ADR...

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A Canadian Perspective
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Canada’s Legal System Canada’s legal system derives from various European systems brought to this continent in the 17th and 18th centuries by explorers and colonists . Although the indigenous peoples whom the Europeans encountered here each had their own system of laws and social controls, over the years the laws of the immigrant cultures became dominant.” (Department of Justice www.justice.gc.ca)
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Canadian Court System Precedent is the principle in the common law system which requires judges to follow a decision made in a higher court in the same jurisdiction. Once a common principle is declared, it is to be applied in similar circumstances by all judges of equal or lower rank. This principle is called stare decisis
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Canadian Court System contd. . Unique feature of English culture is survival of a common law system. Many countries, most of which are former members of the British Empire, including the USA and Canada (except Quebec) use the common law system.
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Civil and Criminal Matters Civil and criminal actions follow different procedures. Criminal matters are handled the same way across Canada , whereas civil matters may follow slightly different procedures or the processes may have different names , so it is important that provincial legislation be consulted to ensure a civil action is to be successful .
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Criminal Law In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) of the defendant: the death penalty (not available in Canada). In criminal litigation, the state must prove that the defendant satisfied each element of the crime, and the defendant's participation, "beyond a reasonable doubt." It is difficult to put a valid numerical value on the probability that a guilty person really committed the crime, but legal authorities who do assign a numerical value generally say "at least 98% or 99%" certainty of guilt.
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Civil Law A defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation reimburses the plaintiff for losses caused by the defendant's behaviour. In civil litigation, the plaintiff wins if the preponderance of the evidence favours the plaintiff. For example, if the jury believes that there is more than a 50% probability that the defendant was negligent in causing the plaintiff's injury, the plaintiff wins.
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Limitation Periods In order to place a civil action before the courts, the action must begin in a timely fashion. The courts will not consent to hear a case after a certain amount of time has passed. There are limitation periods , which vary provincially , that must be respected. The reasoning behind putting these in place is
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This note was uploaded on 02/01/2012 for the course ACF acc330 taught by Professor Hardy during the Spring '11 term at Seneca.

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2- Courts Litigation ADR - Students - Courts Litigation ADR...

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