POLI 342 Lecture Notes - Lecture 3: Legislature Parliament Of Nepal, Superior Court, Small Claims Court
11 May 2018
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Lecture 3: Canadian Judicial System
• Outline
• Jurisdiction
• Powers to create courts
• Type of courts
• Structures of courts
• Fundamental features
• Where do you go to settle disputes?
• It depends on
• The subject matter of the dispute
• The territory on which the dispute arises
• The position of the court
• It depends on jurisdiction
• What is jurisdiction
• The responsibilities of the court, or what matters it is authorized to hear
• 3 dimensions of jurisdiction
1. Territorial: geographical area over which a court has authority. Federal vs provincial courts.
2. Subject matter: the issue over which the court has authority. Family law vs. administrative law.
Subject matter can be exclusive to one specific court. For ex: Murders are of the jurisdiction of
superior courts only. Subjects matter jurisdiction can be concurrent to different courts. Issue is
regulated both as matter of public and private law. For ex: Invasion can be under tort or civil law.
3. Positional: the court's rank in the judicial system. Trial vs. appellate court
• Where does the authority of courts come from?
• S.92 constitutional act 1867: division of powers between the federal and the provincial
governemnt
• S.14 The administration of justice in the province: Organizes the constitution, maintenance,
organization of provincial courts
• S.96 constitutional act 1867: Governor General shall appoint judges in each province
• S.101 constitution act 1867: parliament of Canada may provide for the constitution,
• Also found in statutes
• What types of courts should exist?
• Provincial courts
• Superior, district and county courts
• General court of Canada
• Additional courts
• Who creates courts
• Provincial legislature
• Parliament of Canada
• Who appoints judges
• The governor general on advice of the PM
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Jurisdiction: outline, powers to create courts, type of courts. It depends on: where do you go to settle disputes, the subject matter of the dispute, the territory on which the dispute arises, the position of the court. It depends on jurisdiction: what is jurisdiction, the responsibilities of the court, or what matters it is authorized to hear, 3 dimensions of jurisdiction, territorial: geographical area over which a court has authority. Federal vs provincial courts: subject matter: the issue over which the court has authority. Subject matter can be exclusive to one specific court. For ex: murders are of the jurisdiction of superior courts only. Subjects matter jurisdiction can be concurrent to different courts. Issue is regulated both as matter of public and private law. For ex: invasion can be under tort or civil law: positional: the court"s rank in the judicial system. S. 92 constitutional act 1867: division of powers between the federal and the provincial governemnt.
