Assignment on B.C.'s Court System. It is advisable that you complete this assignment prior to our Court Watching on November 9, 2010.
Source: http://www.supremecourtbc.ca/
1.Explain the statement: “Justice must be seen to be done” and apply it to the open court system.
2.There are situations in which a judge may decide to bar the public from access to a trial or sections of a trial. Explain.
3.Do you believe such actions as described in #2 might be in violation of #1? Explain.
4.Many judicial decisions in recent years have led to claims that the legal system is too lenient in its sentencing practices and that criminals who have been found guilty have received light sentences. Asa result, some voices have demanded that judges are made accountable to Parliament. How do you feel about such requests? Explain your answer.
5.In Canada, wee believe in the independence of the judiciary. What does this mean and why would it be a good idea to adhere to this principle?
6.Does independence of the judiciary imply that judges are not accountable for their decisions? Explain.
7.Imagine your parents decided to hire a landscape designer to redesign their backyard. Your parents and the landscape designer agree to have a backyard fountain installed, a brick walkway and new turf. The agreed-upon price for materials and labor totals $2,500 dollars and is supposed to be finished after four weeks. Three weeks later, the job has not even started and with fall soon to change to winter there is no chance the work can be completed before the first snow falls. Your parents decide to sue the company for the 20% deposit they had to pay and damages. Which court would deal with this problem?
8.In the case in #8, what would your parents be called if they initiated legal action? What would the landscape designer be called? What would your parents have to prove?
9.Why do criminal cases start with the word Regina vs. (Name of the accused)?
10.Even though a serious indictable offense belongs in th Supreme Court of the Province, many serious indictable cases start in the Provincial Court. Why?
11.Which family matters are dealt with in the Supreme Court?
12.Courts are often seen as a last resort due to the high cost of litigation. If possible, parties in litigation prefer to settle out of court. What are the three new methods of settlement that are currently piloted in British Columbia?
13.Which court does not examine new facts or listens to witness testimony, at least in the majority of all cases?
14.When decisions are made at a higher court about revisions of decisions from lower courts, lower courts are bound by such decisions. Explain.
Court Watching Report (18 marks)
Your court watching report has three parts: (1) Provincial Court, (2) Meeting with Crown Counsel or Defense Counsel, (3) Community Court.
(1)In the Provincial Court, you should briefly describe a minimum of two trials that you have seen. Explain what the charge is if possible, what kinds of witness testimony, if any, you have seen, and how opposing counsel asked their questions. Also, look around the court room and describe what kinds of court workers you would see and what the layout of the court room is. Also, listen carefully to anything the judge might have to say.
(2)Meeting with counsel will give you an opportunity to ask questions about the cases you have seen and procedures. Include this as part of you report.
(3)In the Community Court, you will see that the court room, the proceedings, and the atmosphere differ significantly from the Provincial Court. Take note of the cases you hear.
