In the Quebec prison system, someone may be introduced to the courtroom docket in a civil case or a crook case. The variations among those styles of instances encompass the objectives, the cut-off dates for taking prison movement, and the extent of proof had to persuade to choose.
2. Inthe Quebecprison system, someonemaybeintroduced to
the courtroom docket in a civil case or a crook case. The
variations among those styles of instances encompass the
objectives, the cut-off dates for taking prison movement, and
the extent of proof had to persuade to choose.
BASIC INFORMATION
ABOUT
THE
CASES
3. CIVIL CASES
IN THOSE INSTANCES, SOMEONE OR AN
ORGANIZATION ASKS A CHOOSEY TO
SETTLE CIVIL TROUBLE, TOGETHER WITH
• Trouble regarding an inheritance,
• Trouble concerning a contract, or
•An own circle of relatives trouble, together with divorce or custody of
children.
4. CRIMINAL CASES
Thecausethose instances cometo courtroom docket is usuallythe
equal:someoneis taken to courtroom docket dueto the fact sheis
accused of against the law. To choose, and sometimes a jury, have to
recall the proof supplied at some stage in an ordeal to determine
whether the accused is responsible or harmless.
S O M E C R I M E S C O N TA I N D I F F E R E N T H U M A N BEINGS, I N C L U D I N G
• A T T A C K ,
• M U R D E R ,
• S E X U A L A T T A C K , A N D
• I D E N T I F I C A T I O N T H E F T .
5. MAIN DIFFERENCES
CIVIL CASES
T H E P R E C E P T IS O F T E N T H E E Q U A L : A S U E S B F O R INFLICTING H A R M
TO A O R S O M E T H I N G B E L O N G I N G TO A.
T H E P R E C E P T IS O F T E N T H E E Q U A L : S O M E O N E IS A C C U S E D O F
A G A I N S T T H E L A W (E. G., M U R D E R , ATTA C K , I D E N T I F I C AT I O N THEFT).
IN C A N A D A , H U M A N B E I N G S A R E TA K E N INTO C O N S I D E R AT I O N
H A R M L E S S TIL L TH E P R O O F P R O V E S TH E Y 'R E R E S P O N S IB L E .
NOTE: A C H A R A C T E R M A Y B E S U E D IN A CIVIL C A S E A N D A C R O O K
C A S E F O R T H E E Q U A L I TY ACT.
F O R E X A M P L E , IF A HITS B, A M A Y B E A C C U S E D O F ATTA C K IN A
C R O O K C A S E .
B A L S O C A N TA K E P R I S O N M O V E M E N T T O W A R D S A IN A CIVIL C A S E
TO INVITE F O R R E P A Y M E N T F O R T H E B O D I LY D A M A G E B B R O U G H T
O N H E R .
6. Criminal Cases
H O W D O E S S O M E O N E R E A S O N H A R M ? A C H A R A C T E R R E A S O N S H A R M ,
F O R E X A M P L E , WITH T H E AID OF U S I N G B R E A K I N G A C O N T R A C T, WITH
T H E AID OF U S I N G B R E A K I N G A N ITEM B E L O N G I N G TO A P E R S O N , O R
WITH T H E AID OF U S I N G H U RT I N G A P E R S O N .
A C R I M E C A N A R I S E E V E N T H O U G H T H E R E M A Y B E N O “I M M E D I AT E ”
S U F F E R E R (E. G., T H E C R I M E OF D R U G O W N E R S H I P ) .
Civil cases
TH E C H A R A C TE R W H O S U F F E R E D H A R M ( O R H E R LE G A L P R O F E S S IO N A L)
TA K E S A C A S E T O W A R D S T H E C H A R A C T E R S H E T H I N KS IS A N S W E R A B L E
F O R T H E H A R M .
T HE A U T H O R I T I E S TA K E A C A S E T O W A R D S T H E C H A R A C T E R A C C U S E D OF
T H E CR I ME . T H E A U T H O R I T I E S A R E LI KE WI SE K N O W N A S T H E
“P R O S E C U TIO N ”.
T HE AU T H O R I T I E S H A V E N U M E R O U S D E S I R E S W H I L E TA K I N G C R O O K
I N STA N CE S: E N S U R I N G H U M A N B E I N G S A P P R E C I AT E T H E R E G U L AT I O N A N D
D I S C O U R A G I N G C R O O K B E H A V I O U R .
7. How the Case Starts
Civil cases
The character who suffered harm (or her legal professional) takes a case towards
the character she thinks is answerable for the harm.
The authorities take a case towards the character accused of the crime. The
authorities are likewise known as the “prosecution”.
The authorities have numerous desires while taking crook instances: ensuring
human beings appreciate the regulation and discouraging crook behaviour.
8. Criminal Cases
The character taking the case asks to be compensated, that is, to
have the damages repaired. Compensation is normally inside the
shape of cash.
It is consequently now no longer the sufferer who takes the case.
Representation with the
aid of using a Lawyer
9. The accused may be represented with the aid of using a legal professional, who's
known as the “defence legal professional.”
Civil cases
Both the character taking the case and the
character being sued may be represented
with the aid of using a legal professional if
they wish.
The authorities are usually represented with
the aid of using attorneys. These attorneys
are known as “crook and penal prosecuting
attorneys.” They were known as “Crown
prosecutors.”
Criminal Cases
However, if the trial takes location with inside the Small Claims Division of the
Court of Québec,they can't berepresented with the aidof usingalegal
professional in the courtroom docket.
Who Pays for the
Civil cases
The character who takes the prison movement can pay for the price of taking the case.
(for example, legal professional costs)
The character who loses the case normally can pay the costs associated with the
courtroom docket case itself (e.g., experts’costs, administrative costs).
In maximum instances, the authorities can pay all the charges of the case.
10. The accused can pay charges associated with
protecting herself. People with low earnings
sometimes qualify for Legal Aid. Legal Aid is a
central authority software that offers for a legal
professional freed from charge.
The character sued can pay for his very own expenses. (for example,
legal professional costs)
In a few instances, the person that loses at trial may also need to pay
an amount of cash to compensate the prison costs that the opposite
birthday celebration needed to pay. This might show up if the
movement turned into declared abusive.
11. DEADLINE
FOR TAKING
A CASE
Civil cases
People that suffer harm can’t wait
too lengthy to take prison
movement. The regulation has
sure cut-off dates. This is known
as extinction prescription.
When against the law takes location, the legal
professional for the prosecution comes to a
decision whether there may be sufficient
proof to accuse a person of the crime.
However, for against the law “punishable with
the aid of using precise conviction”, the cut-
off date for taking a case is 1 yr after the date
of the crime. The Criminal Code states
whether against the law is punishable on this
way.
12. CRIMINAL CASES
The cut-off dates range, relying on the kind of case.
For example, a person who desires to sue for
defamation – harm to someone’s reputation – has
three hundred and sixty-five days to take a case.
13. Appeals Civil And Criminal Cases
These appeals commonly arise earlier than the real trial begins. Appeals via way of
means of the prosecution after a verdict aren't typically allowed due to the
prohibition within side the U. S. Constitution towards double jeopardy, or being
attempted two times for the equal crime.)
Criminal defendants convicted in country courts have a in addition safeguard. After
the use of all in their rights of attraction at the country level, they'll document a writ
of habeas corpus withinside the federal courts in an try to expose that their federal
constitutional rights have been violated. The proper of a federal assessment imposes
the test of the federal courts on abuses that can arise withinside the country courts.
An attraction isn't a retrial or a brand new trial of the case. The appeals courts do
now no longer commonly recall new witnesses or new evidence
14. APPEAL PROCEDURE
The celebration attractive is known as the appellant, or now and again the petitioner. The
different celebration is the appellee or the respondent. The attraction is instituted with the
submitting of a word of attraction. This submitting marks the start of the term inside which the
appellant need to document a short, a written argument containing that side's view of the
information and the criminal arguments upon which they depend in looking for a reversal of
the trial courtroom docket. The appellee then has a designated time to document an
answering short. The appellant may also then document a 2d short answering the appellee's
short.
Sometimes, appeals courts make their choice handiest on the premise of the written briefs.
Sometimes, they pay attention oral arguments earlier than determining a case.
15. Generally, there may
be no cut-off date for
bringing a crook case
towards a person of
against the law.
16. Role of Person
Who Suffered
Damage or of
the Victim of
Civil Cases
The character who suffered harm has
to show that the character being sued
is answerable for the harm.