Term
| Procedural laws ensure... |
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Definition
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Term
| Are courts generally open to the public? |
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Definition
Yes.
**Unless it's a publication ban or "in camera (closed)" hearing |
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Term
| Are trials always the judge alone? |
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Definition
No, may be judge with jury.
W/ jury, Jury is "trier of fact" & judge rules |
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Term
| Can you be in both a civil and a criminal case? |
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Definition
Yes. Criminal & Civil proceedings operate independently.
You can be accused in criminal & defendant in civil
You can be acquitted in criminal but liable in civil (OJ Simpson) |
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Term
| Accused is not compelled to testify in which court? |
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Definition
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Term
| vicitim is not a part to proceeding in which court? |
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Definition
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Term
| Victim may be a witness at trial or provide a statement for which court? |
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Definition
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Term
| plaintiff and defendant are both parties and must both provide evidence in which court? |
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Definition
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Term
| which court: "onus of proof: crown must prove case" |
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Definition
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Term
| which court: "onus of truth, plaintiff must prove case"? |
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Definition
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Term
Which court?
Burden of proof
a) "crown must prove beyond a reasonable doubt that accused committed offence
b) "plaintiff must prove that defendant cause the situation on the "balance of probabilities" |
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Definition
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Term
| Where are TRIAL COURT desicions appealed to? |
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Definition
Appeal Court
**Typically a panel of judges (odd#)
**May require appeal permission ("Leave to appeal")
**Usually based on questions of law
**New trial NOT held in appeal court, case is referred back to trial court |
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Term
| What will appeal court do? |
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Definition
1) review judge's reasoning
2) review transcript of trial
3) review written arguments
4) hear verbal arguments |
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Term
a) appeal courts b) supreme court of canada c) provincial/federal tribunals
who is lowest? who is highest? |
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Definition
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Term
| What is Alberta's Court Hierarchy? |
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Definition
TOP: Court of Appeal
MIDDLE: Court of Queen's Bench
BOTTOM: Provincial Courts |
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Term
Which court is: 1) exclusively a trial court
2) limited by provincial court act
3) had judges appointed by Alberta provincial gov? |
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Definition
| Provincial Court of Alberta |
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Term
1) Does family court handle divorces?
2) (T/F) Canada has a unified family court system
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Definition
1) no, only before & after divorce
2) FALSE |
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Term
| Is debt/damage claim is under $50,000, the case goes to civil court |
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Definition
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Term
The Court of Queen's Bench is (Find FALSE)
1) Alberta's superior court w/ unlimited trial jurisdiction
2) Handles appeals from Prov. Court & Admin. Trib.
3) Governed by Court of Queen's Bench Act
4) Judges elected
5)Has specialized courts (drug/aboriginal) |
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Definition
#4 = FALSE
Judges are appointed by federal governement |
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Term
Which is Alberta's highest court with judges appointed by federal gov?
(**Note: NOT Alberta's superior trial court) |
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Definition
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Term
| Tax Court of Canada and the Federal Court of Appeal are higher up that which court? |
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Definition
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