2,443
edits
Difference between revisions of "The Court System for Family Matters"
From Clicklaw Wikibooks
The Court System for Family Matters (view source)
Revision as of 19:09, 13 April 2013
, 19:09, 13 April 2013no edit summary
Gayla Reid (talk | contribs) m |
|||
| Line 4: | Line 4: | ||
There are three levels of court in British Columbia: the Provincial Court, the Supreme Court, and the Court of Appeal. Above all of these courts is the Supreme Court of Canada, the highest court in Canada. | There are three levels of court in British Columbia: the Provincial Court, the Supreme Court, and the Court of Appeal. Above all of these courts is the Supreme Court of Canada, the highest court in Canada. | ||
The Provincial Court and the Supreme Court are trial courts | The Provincial Court and the Supreme Court are trial courts. They listen to witnesses and hear arguments and make decisions. The Court of Appeal only hears appeals. It listens to arguments about why the trial judge was wrong and sometimes sets aside trial decisions. However, the Provincial Court can only deal with certain issues and claims. The Supreme Court and the Court of Appeal are our province's superior courts and they can deal with all issues and claims; their jurisdiction is limited only by their rules and the constitution. | ||
This page provides an introduction to the Provincial Court, the Supreme Court, and the Court of Appeal. | This page provides an introduction to the Provincial Court, the Supreme Court, and the Court of Appeal. | ||
| Line 24: | Line 24: | ||
Today we have three levels of court in British Columbia: | Today we have three levels of court in British Columbia: | ||
# | #Provincial Court of British Columbia, | ||
# | #Supreme Court of British Columbia, and, | ||
# | #Court of Appeal for British Columbia. | ||
Each successive level of court is "superior" to the other, with the Provincial Court being the lowest level of court and the Court of Appeal being the highest. Above our Court of Appeal is the Supreme Court of Canada, which deals with cases from all of the courts of appeal across Canada. | Each successive level of court is "superior" to the other, with the Provincial Court being the lowest level of court and the Court of Appeal being the highest. Above our Court of Appeal is the Supreme Court of Canada, which deals with cases from all of the courts of appeal across Canada. | ||
| Line 153: | Line 153: | ||
The Court of Appeal has the same sort of jurisdiction as the Supreme Court. It can deal with every kind of legal problem. However, this court does not hear trials, it only hears appeals from decisions of the Supreme Court. Although the Court of Appeal's central registry is in Vancouver, the court occasionally hears cases in Victoria, Kelowna and Kamloops. | The Court of Appeal has the same sort of jurisdiction as the Supreme Court. It can deal with every kind of legal problem. However, this court does not hear trials, it only hears appeals from decisions of the Supreme Court. Although the Court of Appeal's central registry is in Vancouver, the court occasionally hears cases in Victoria, Kelowna and Kamloops. | ||
Appeals are a fairly expensive process. You should only bring an appeal after you've given a lot of thought to the cost of the appeal and your chances of success; don't leap to appeal a decision just because you don't like it or are angry | Appeals are a fairly expensive process. You should only bring an appeal after you've given a lot of thought to the cost of the appeal and your chances of success; don't leap to appeal a decision just because you don't like it or are angry. Give some serious thought to the appeal first. Simply put, the cost of the appeal may outweigh the benefit you will get even if you win. | ||
===Court proceedings=== | ===Court proceedings=== | ||
| Line 179: | Line 179: | ||
Decisions of the Court of Appeal are appealed to the Supreme Court of Canada, however that the court must first grant leave for the appeal to be brought. There is no automatic right to appeal a judgment of the Court of Appeal. | Decisions of the Court of Appeal are appealed to the Supreme Court of Canada, however that the court must first grant leave for the appeal to be brought. There is no automatic right to appeal a judgment of the Court of Appeal. | ||
== | ==Resources and Links== | ||
===Legislation=== | ===Legislation=== | ||
