Management and Organizational Studies 2275A/B Lecture Notes - Lecture 3: Trial De Novo, Equitable Remedy, Mental Health Court

• School: Western University
• Department: Management and Organizational Studies
• Course: Management and Organizational Studies 2275A/B
• Professor: Cristin Keller

Document Summary

Criminal cases are disoutes between government and the accused: public law, looking at criminal code which is federal legislation. Constitution act of 1857 allows federal government to control criminal law. Civil cases are beteen people and business but government is not ivolved: example: sueing another person, civil cases usuall deal with compensation (money) or an equitable remedy (an apoloy) In a criminal case, the crown prosecutes the accused . The accused is convicted only when the crown proves the case beyond a reasonable doubt ( burden of proof ) Jury has to come to the conclusion that there is no reasonable doubt that that person is not guilty. If there is reasonable doubt, you have to find not guilty: victims are usually not compensated for their injuries or loss (but sometimes restitution of property may be ordered) Hears appeals from lower courts: not a new trial but sometimes a trial de novo prescribed by legislation.