RESOLUTION OF DISPUTES: THE COURTS

What is Litigation?

• legal matter which has the potential to go to court

• resolving legal disputes in court

What is a Barrister?

• litigator

• practice in an area of law where you may go to court

• “courtroom lawyer”

What’s a Solicitor?

• practice law where you don’t go to court

• ex. real estate

In general, what is the Alberta Rules of Court?

• laws in place to ensure that court hearings are fair

• ex. filing, serving documents

What is an In-Camera hearing?

• closed hearing

• some situations where the victim may be uncomfy siitting in a public court room and testifying in public

What are the 2 trial courts?

• Provincial Superior Court - King’s Bench

• Provincial Court - AB Court of Justice

How is it determined if there is a jury to be present during the trial?

• the accused has the option of being tried with one or not

In class, what was important to note regarding one incident and two different trial proceedings?

• that it may result in both criminal and civil trail proceedings

• criminal: accused is tried

• civil: accused is tried AND sued

Why can results differ in two different trial courts despite having the same case?

• ex. can be found guilty in the criminal trial, but in the civil trial, you have to pay your compensation

Who are the parties of a Criminal Trial?

• Prosecutor v. Accused

What is the Onus of Proof for a Criminal Trial?

• The Crown has to prove that the accused is guilty beyond reasonable doubt

• The Accused doesn’t have to try and prove that they’re innocent

What is the Burden of Proof for a Criminal Trial?

• proof beyond a reasonable doubt

• that the Accused 99% undoubtedly committed the crime

Who are the parties in a Civil Trial?

• Plaintiff v. Defendant

What is the Onus of Proof for a Civil Trial?

• falls on the Plaintiff to prove liability

• prove that the Defendant is in the wrong

What is the Burden of Proof for a Civil Trial?

• proof on a balance of probabilities

• the defendant 50% PROBABLY did cause the issue

Difference between Civil and Criminal trials?

• civil involves suing someone

• criminal involves the Accused committing a crime against the law

Which court bears a greater Burden of Proof?

• criminal trials

• greater consequences and inequality of parties

  • the Crown prosecutor and police are gathering evidence against you basically

Elaborate on Appeal Courts

• must have reasonable justification → must have grounds if you’re gonna apply

• can claim that the trial court made an error in interpreting a law or a precedent case

• error in applying precedent

What does it mean by “applying for leave to appeal”?

• applying to the court and basically asking for permission to grant an appeal

Who are the parties in an Appeal Court?

• Appelant v. Respondent

Who/what is an “Appellant”?

• the person who lost in the trial court

• appealed to an appeal court

• may be the plaintiff, defendant, Crown, or accused

What is the Court of King’s Bench?

• superior trial court

• unlimited jurisdiction and can hear any sort of trial

• cases with $100k+ monetary value

• serious cases

Which court grants divorces?

• Court of King’s Bench

• federal laws applied through provincial court

• lower court cannot grant because they’re provincially appointed

AB Court of Justice - Criminal Division

• may deal with criminal justice in Alberta

• ex. impaired driving

• less serious cases

• most charges against adults

AB Court of Justice - Civil Court

• hearings with claims involving less than $100k+ in monetary value

• anything more would go to the King’s Bench

AB Court of Justice - Family Law and Youth

• YJCA → criminal charges against anyone below age 18

• cannot grant a divorce as it’s the lowest trial court

• child welfare and protection

AB Court of Justice - Traffic

• traffic violations under the Traffic Safety Act

• perhaps car accidents

• difference between traffic offense and criminal offense

Claims that cannot be dealt with in the Court of Justice, but in the King’s Bench instead

• property and land titles

• wills and estate litigation

• tort claims such as malicious prosecution or defamation