The Highest Court and Final Court of Appeal in Canadian justice system build up the Supreme Court of Canada. The Supreme Court offers permission to over 40 litigants of appeal decisions annually that are rendered by the federal, provincial, and territorial appellate courts. The court gives the ultimate expression of the decision and application of the Canadian law. Besides, the lower courts abide by these decisions. The Supreme Court was created by an act of parliament in 1875. There are cases, where a party might have its appeal, heard by the court of appeal automatically, but; in most cases, the court hears the appeal when a leave to appeal is granted. What is more, the appeals that court takes into the consideration include issues that…
Methodology Data collection and limitations Accessing the court cases was relatively easy. The Rodriguez v. British Columbia (1993) case and the appellant and intervener’s factum regarding the Lee Carter, et al. v. Attorney General of Canada, et al. (2014) case were downloaded from the website of the Canadian Supreme Court; the Carter v. Canada (Attorney General) (2012) case was accessed via the website of the British Columbia Supreme Court. The chosen dataset, however, has some flaws that need…
A Legal and Ethical Analysis of the Appointment of Supreme Court Justices in the Constitution Act of 1867 The legal and ethical issues regarding the appointment of Supreme Court Justices will be examined within the context of the Constitution Act of 1867. The issue of Judicature (Section VII) in the Constitution defines the role of the governor General in the appointment of Supreme Court Justices under the guidance of the Queen’s government. In recent times, the Prime minister can provide…
Egan v Canada describes how equality rights were not equal for people applying for spousal benefits due to their sexual orientation. The case resulted in the charter being reviewed to see if equality rights had been infringed. The case caused the Court to revisit Canada’s Old Age Security Act based off of claims stating it was outdated. Lastly, the case fought for the equality of homosexual couples rights which would decide the future of spousal benefits. The Egan v Canada case impacted…
on private property it must comply with the Charter of Rights and Freedoms. Now, police must exercise their power to enter private houses to arrest a suspect under Feeney warrants. This may or may not give the accused an advantage, because if there is no more evidence to the prove the crime of the guilty, the person can walk free. However, if there is more evidence like in the Feeney case then they will no matter what be punished. This impacts Canadians in a positive and negative way as well; if…
Assignment Two: State Court Survey In Arizona, the majority of cities and towns have a municipal court which is sometimes also called city or magistrate court. This court hears misdemeanor and petty offense violations within their town or city. City or town magistrates preside over some criminal and civil traffic cases. Criminal traffic cases with no serious injuries and civil traffic cases that involve violations of city ordinances. They have the ability to issue Orders of Protection and…
if they knew very much about the United States court system, they will most likely tell you that they do not know very much about the court system unless they have been involved with the court system whether it be federal or state level. Most people do not realize that the court systems have three levels within them or that there is certain situation that will allow you to get to one level or the other. There is a whole lot of information that some people may not know. They may not know about…
This is also significant for any Registered Migration Agent (“RMA”) who has a client who they are assisting in the appeals process at the Administrative Appeals Tribunal in relation to PIC 4005. In conclusion, it has become apparent that as a result of the decision of the Federal Circuit Court in this case, a precedent has been set in that opinions of MOCs are not as binding as they were originally considered. That an opinion of any particular MOC can be challenged, if the opinion was not…
The qualifications for the Supreme Court: licensed to practice law 10 years; 1 year resident; maximum age of 70. Court of Criminal Appeals: licensed to practice law 10 years; 1 year resident; maximum age of 70. Court of Civil Appeals: licensed to practice law 10 years; 1 year resident; maximum age of 70. The Circuit Court: licensed to practice law 5 years; 1 year resident of circuit; maximum age of 70. The selection process of judges for the state of Alabama the same for a full term which is…
Hughes was diagnosed with menorrhagia and advised by Dr. Weber for ablation procedure to treat menorrhagia on October 25, 2006. When Dr. Weber performed surgery on her using Boston Scientific Corporation’s HTA, the device leaked hot liquid that caused second degree burn for which she took treatment for about 2 months following the surgery1. Hughes filed complaint in the district court against Boston Scientific Corporation and argued on the basis…