court system Flashcards
the highest court of Canada
supreme court of canada
the 2 superior courts in BC
- B.C Court of Appeal
- Supreme Court of British Columbia
the highest court of BC (province)
B.C. court of appeal
only superior courts have the inherent jurisdiction right - true or false
true
provincial court can decide based on law and equity - true or false
false, only superior courts have the right to decide on equity
define arbitration
it’s an alternative dispute resolution mechanism to the court system - to have both parties come to agreement instead of going to court
The Supreme Court of Canada hears appeals from the Supreme Court of BC - true or false
FALSE - The Supreme Court of Canada hears appeals from BC COURT OF APPEAL
Which superior court is “trial level?”
Supreme Court of BC
Which provincial court is “appeal level?”
The BC Court of Appeals
Define “appeal” :
When both defendant and plaintiff are displeased with judge decision, they may request for a higher court to reexamine case in hopes of official changes/retrial.
What may happen when a court receives an appeal?
Appeal may be
1. Dismissed
2. Vary (change outcome)
3. Cancel order appeal
4. Set order and demand new trial
(5. May have appeal heard by Supreme Court of Canada)
Difference between “equity” and “law” :
Law = rules set by government & developed over time by judges
Equity = rules set by humanism, fairness, natural morals
Difference between “public law” and “private law” :
Public = Relation between gov. and citizens
(GOVERNMENT V PEOPLE)
(guilty or not guilty)
Private = Relation between citizens
(PEOPLE V PEOPLE)
(liable or not liable)
What is The Constitution?
Is the set of laws that guide how the country should be operated.
- Limits powers of federal and provincial gov.
- OVERRIDES ANY LAW
what is “ultra vires”? what does it mean when the law is identified as ultra vires?
-beyond the authority and ability to pass the regulations.
- it means the law has no force or invalid
