When someone commits a crime, what happens to them?
They are arrested or summoned to court
what is anything that isn't criminal law called?
civil law
what is aboriginal law?
aboriginal law is a form of justice that focuses on First Nations such as social harmony, dispute resolution, peace making, and healing.
what are the first and second things to happen?
1. the arrest or summons
2. indicament or information
what is the first and second thing to happen?
1. writ- document filed by plaintiff that starts court/legal action
2. statement of claim- document that states the nature of there dispute
What are the action and intent called?
actus reus- action
mens rea- intent
what are the names of the people involved?
plaintiff- suing
defendant- being sued
how is sentencing of offenders dealt with in the aboriginal justice system?
restorative justice
what are the third and forth things to happen?
3. first appearance - bail hearing
4. plea
what is the third thing to happen?
3.statement of defence- defendant files a statement of defence then case moves onto trial
true or false: the judge can be a little doubtful about their decision as long as they are 90% sure.
false.
there cannot be even a shadow of a doubt
what are some things the courts might hear?
contract disputes, divorces, custody disputes, personal injury, contested wills and estates
what is restorative justice?
it is when the offender admits to having committed the crime and accepts responsibility for it and they try to be involved in making the community a better place.
what is the fifth thing to happen?
5. Preliminary inquiry
this is when the crown must prove that the defendant is guilty for the case to move on to trial.
what is the fourth thing to happen?
4. discovery- this is when the plaintiff and defendant exchange documents and where one can question the other under oath
who requests a jury for a serious offence?
the accused
is there is a jury, how many have to agree and how long do they have to deliberate for?
they have to talk for a minimum of 3 hours
what is a healing circle?
a healing circle is when people close to the victim gather in a circle and share what happened by their perspective so the guilty can heal.
what is the sixth thing to happen?
6. trial
what is the fifth thing to happen?
5. trial
each side presents their case
what are 2 sentence options?
1. a fine
2. probation
3. prison
4. suspended sentence
which courts hears with cases?
Supreme Court hears anything involving over $25,000 and divorces disputes
provincial court hears anything involving less than $25,000 and family and child protection cases
what do you think about this only bring available to indigenous people?
answers may vary
what is the last thing to happen?
if found guilty then the last thing is
7. judgement or sentencing
what is the sixth thing to happen?
6. judgement