Court system midterm
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Court system midterm - Marcador
Court system midterm - Detalles
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Preguntas:
26 preguntas
| 🇬🇧 | 🇬🇧 |
| What is justice? | A fair morale and impartial treatment of all people |
| What is law? | Consists of an agreed upon set of rules of what is fair and what is right Agreed upon by society Protects greater good Provides access Changes as society changes |
| What are the 4 sources of Canadian law? | Constitution and charter of rights and freedoms Legislation Common Law Quebec Civil code |
| What is the role of the courts? | Provide an independent and impartial forum. Justice is administered fairly and predictably |
| What is the judges role? | To protect Canadians. Ensures legal rights of Canadians are respected and enforced |
| What is the crown's role? | Present evidence required to prove the accused is guilty |
| Explain the Supreme Court of Canada | Highest court Hears appeals from Prov court of appeal, criminal and civil cases, constitutional reference cases, and appeals from administrative tribunals Reviews lower case rulings |
| Explain Federal Court of Appeal | Only deals with matters specified in federal law and federal tribunals |
| Explain Federal Court | Trial court Interprovincial federal‐provincial disputes, intellectual property proceedings (copyright), citizenship appeals, cases involving Crown Corporations or federal government departments Review actions of federal boards, commissions, tribunals |
| Explain Tax Court | Federal tax and revenue disputes between the federal government and taxpayers |
| What are the 3 levels of court in BC? | BC Court of Appeal (highest) Supreme Court of BC (second highest) Provincial Court |
| Explain BC court of appeal | Hears appeals from British Columbia Supreme Court, some criminal appeals from the Provincial court and some appeals from administrative tribunals |
| Explain Supreme Court of BC | Highest trial court in BC Hears both civil and criminal matters, and some appeals from the Provincial Court |
| Explain Bc provincial court | Hears matters under federal and provincial enactments |
| What are the 4 categories under the provincial court? | Criminal and Youth Matters Family Matters Small Claims Traffic and Bylaw |
| What is a summary conviction? | Less serious The court procedure is the main difference All Wildlife, Firearms, Environmental Management, most of Fisheries Act heard as summary conviction |
| What is an indictable offence? | More serious Includes words in section...is guilty of an indictable offence and is liable too...imprisonment or a fine or both |
| What establishes the rules for evidence? | Statutes such as the Canada Evidence Act B.C. Evidence Act Embedded in some statutes Common law |
| What is the Canadian Evidence Act? | An Act respecting witnesses and rules about evidence Comprises the principal rules of evidence used in court proceedings under federal law |
| What does competency mean when referring to a witness? | Has the capacity to Observe Recall Communicate |
| What does compellability mean when referring to a witness? | Compellability refers to forcing an unwilling witness to give evidence |
| Explain the 2 types of evidence | Direct: Something you actually see (or experience with other senses) taking place Indirect: Not based on personal knowledge or experience |
| What is "real evidence"? | A physical item that appeals directly to the senses of the court, such as a knife, torn clothing |
| What is corroboration and what are the 3 criteria for it? | Independent evidence that proves the offence occurred and the accused was the one that committed it 3 criteria = Independent Evidence Material to the case Implicates the accused |
| All evidence must be... With what 2 exceptions? | Relevant Hearsay and opinion |
| What are some exceptions to the hearsay rule? | Admissions and confessions Res gestae Statements in presence and hearing of accused Dying declarations |