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Understanding the Legal System for Family Law Matters

187 bytes added, 23:49, 18 February 2020
Trial basics
A trial is the conclusion of a court proceeding. It is the moment when each side presents their claims, the evidence they have gathered in support of those claims, and the arguments and law that supports their claims to a judge. A trial ends when each side has finished presenting their evidence and arguments. In some cases the judge will give their decision right away, but it is far more common for a judge to take time to think about the evidence and the law, and decide what the right outcome is.
This is the The usual order of a trialappears below. (Remember that in the Provincial Court, the person who starts a court proceeding is the ''applicant''. In the Supreme Court, this person is the ''claimant''. In both courts, the person against whom a court proceeding has started is the ''respondent''.)
*The applicant (or claimant) presents their ''opening statement'' or ''opening argument'' to tell the judge about their case and about what their witnesses will say.
*The judge makes their decision.
(Evidence at trial is almost always given by witnesses and through documents like bank records, income tax returns, and photographs; in that the witnesses identify. In rare cases, the evidence of a witness can also be given by an affidavitor through some other statement, like a transcript of the examination for discovery of the witness, but this hardly every happens.)
In every case that goes to trial — and, to be clear, not every case does — very few cases do — the judge who hears the case must first make a decision about what the ''facts '' of the case are after they have listened to the evidence, since people hardly ever agree on the facts of the a case. This is called a "finding of fact." The judge then reviews the law and the rules and legal principles that might apply, and decides what ''law '' applies to the legal issues. This is called making a "finding of law." The judge makes a decision about the legal claim by applying the law to the facts.
Sometimes the The judge is able to make a 's written decision after hearing all , summarizing their conclusions about the evidence facts and partiesthe law, is called the judge's ''reasons for judgment'' arguments. Most of the time, however, When the judge will need needs to think about the evidence and the law before they can make a decision. This is called a ", the judge has ''reserved judgment'' on the case."
===Appeal basics===