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Difference between revisions of "Understanding the Legal System for Family Law Matters"
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Understanding the Legal System for Family Law Matters (view source)
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|link = [http://www.familylaw.lss.bc.ca/legal_issues/legalSystem.php the Legal System] | |link = [http://www.familylaw.lss.bc.ca/legal_issues/legalSystem.php the Legal System] | ||
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There are three key components of the traditional legal system: the law, the courts, and the people involved in the court process. In a legal dispute, the parties present their competing claims to the court, and the judge who hears the case applies the law to the facts and makes a decision that resolves the dispute. | There are three key components of the traditional legal system: the law, the courts, and the people involved in the court process. In a legal dispute, the parties present their competing claims to the court, and the judge who hears the case applies the law to the facts and makes a decision that resolves the dispute. | ||
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*you need to demonstrate that you're serious about moving things forward toward a resolution. | *you need to demonstrate that you're serious about moving things forward toward a resolution. | ||
==The | ==The law== | ||
When lawyers talk about ''the law'' they're talking about two kinds of law, laws made by the government and the common law. | When lawyers talk about ''the law'' they're talking about two kinds of law, laws made by the government and the common law. | ||
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Because of the ''[http://laws.justice.gc.ca/eng/Const/Const_index.html Constitution of Canada]'', each level of government can only make legislation on certain subjects, and normally the sorts of things one level of government can make rules about can't be regulated by the other level of government. For example, only the federal government can make laws about divorce, and only the provincial government can make laws about property. | Because of the ''[http://laws.justice.gc.ca/eng/Const/Const_index.html Constitution of Canada]'', each level of government can only make legislation on certain subjects, and normally the sorts of things one level of government can make rules about can't be regulated by the other level of government. For example, only the federal government can make laws about divorce, and only the provincial government can make laws about property. | ||
===The | ===The common law=== | ||
One of the court's more important jobs is to interpret and apply legislated laws. For example, the ''Divorce Act'' says this about orders for access: | One of the court's more important jobs is to interpret and apply legislated laws. For example, the ''Divorce Act'' says this about orders for access: | ||
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====The Provincial Court==== | ====The Provincial Court==== | ||
There are four divisions of the Provincial Court: Criminal and Youth Court, which mostly deals with charges under the ''Criminal Code''; Small Claims Court, which deals with claims about contracts, services, property and debt; Traffic and Bylaw Court, which deals traffic tickets and provincial and municipal offences; and | There are four divisions of the Provincial Court: Criminal and Youth Court, which mostly deals with charges under the ''Criminal Code''; Small Claims Court, which deals with claims about contracts, services, property and debt; Traffic and Bylaw Court, which deals traffic tickets and provincial and municipal offences; and Family Court, which deals with certain claims under the ''Family Law Act''. | ||
The jurisdiction of the Provincial Court is fairly narrow. It can only deal with the subjects assigned to it by the provincial government. Unless the government has expressly authorized the Provincial Court to deal with an issue, the Provincial Court cannot hear the case. For example, Small Claims Court can only handle claims up to $25, | The jurisdiction of the Provincial Court is fairly narrow. It can only deal with the subjects assigned to it by the provincial government. Unless the government has expressly authorized the Provincial Court to deal with an issue, the Provincial Court cannot hear the case. For example, Small Claims Court can only handle claims up to $25,000, and Family Court cannot deal with claims involving family property or family debt, or claims under the ''Divorce Act''. Each branch of the Provincial Court has its own set of procedural rules and its own court forms. | ||
====The Supreme Court==== | ====The Supreme Court==== | ||
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*attend a judicial case conference, if you're in the Supreme Court, or a family case conference, if you're in the Provincial Court, | *attend a judicial case conference, if you're in the Supreme Court, or a family case conference, if you're in the Provincial Court, | ||
*produce financial documents and other documents that are important, | *produce financial documents and other documents that are important, | ||
*attend an examination for discovery, if you're in the Supreme Court, and | *attend an examination for discovery, if you're in the Supreme Court, and | ||
*make or reply to one or more interim applications. | *make or reply to one or more interim applications. | ||
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The person who started the court proceeding will go first and presents his or her evidence. The other party goes next and presents the evidence supporting his or her side of the case. When all of the evidence has been presented to the judge, each party tells the judge why the facts and the law show that the judge should decide the case in their favour. | The person who started the court proceeding will go first and presents his or her evidence. The other party goes next and presents the evidence supporting his or her side of the case. When all of the evidence has been presented to the judge, each party tells the judge why the facts and the law show that the judge should decide the case in their favour. | ||
In every case that goes to trial | In every case that goes to trial — and, to be clear, not every case does — the judge who hears the case must first make a decision about what the facts of the case are after he or she has listened to the evidence, since people hardly ever agree on the facts of the 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 judge is able to make a decision after hearing all the evidence and party's arguments. Most of the time, however, the judge will need to think about the evidence and the law before he or she can make a decision. This is called a "reserved judgment." | Sometimes the judge is able to make a decision after hearing all the evidence and party's arguments. Most of the time, however, the judge will need to think about the evidence and the law before he or she can make a decision. This is called a "reserved judgment." | ||
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* <span style="color: red;">bulleted list of other pages in this chapter, linked</span> | * <span style="color: red;">bulleted list of other pages in this chapter, linked</span> | ||
END HIDDEN--> | END HIDDEN--> | ||
==Page | ==Page resources and links== | ||
==Links== | |||
* [http://courts.gov.bc.ca Courts of British Columbia Website] | * [http://courts.gov.bc.ca Courts of British Columbia Website] | ||