Difference between revisions of "Our Court System in a Nutshell"
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{{ | {{REVIEWEDPLS | reviewer = [https://www.gilchristlaw.com/team/ Steven Gjukich], Gilchrist & Company|date= March 2018}} {{Dial-A-Law TOC|expanded = courts}} | ||
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Trial courts hear evidence and decide cases. British Columbia has two levels of trial court, Provincial Court and Supreme Court. Learn which type of cases each of these courts handle. | Trial courts hear evidence and decide cases. British Columbia has two levels of trial court, Provincial Court and Supreme Court. Learn which type of cases each of these courts handle. | ||
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A person accused of a crime makes a first appearance in '''Criminal Court'''. If the person is in jail, a judge decides whether to release the person or keep them in jail until their trial. For less serious crimes, the '''trial''' is also held in this court. At the trial, evidence is presented and a decision made about whether the accused is guilty of the crime. | A person accused of a crime makes a first appearance in '''Criminal Court'''. If the person is in jail, a judge decides whether to release the person or keep them in jail until their trial. For less serious crimes, the '''trial''' is also held in this court. At the trial, evidence is presented and a decision made about whether the accused is guilty of the crime. | ||
For more serious crimes, the accused person may be able to choose a trial in Criminal Court or in BC Supreme Court. The most serious crimes, like murder and treason, '''must''' be tried in Supreme Court. But even for those cases, a Provincial Court judge will still hold a '''preliminary inquiry''' to decide if there's enough evidence to have a trial in Supreme Court. For more on the criminal court process, see our information on [[Defending Yourself Against a Criminal Charge ( | For more serious crimes, the accused person may be able to choose a trial in Criminal Court or in BC Supreme Court. The most serious crimes, like murder and treason, '''must''' be tried in Supreme Court. But even for those cases, a Provincial Court judge will still hold a '''preliminary inquiry''' to decide if there's enough evidence to have a trial in Supreme Court. For more on the criminal court process, see our information on [[Defending Yourself Against a Criminal Charge (No. 211)|defending yourself against a criminal charge (no. 211)]]. | ||
===Family and Youth Division handles family and youth cases=== | ===Family and Youth Division handles family and youth cases=== | ||
Family problems like custody and access, child and spousal support, and family violence cases are dealt with in '''Family Court'''. For details, see our information on [[Family Court ( | Family problems like custody and access, child and spousal support, and family violence cases are dealt with in '''Family Court'''. For details, see our information on [[Family Court (No. 110)|Family Court (no. 110)]]. | ||
'''Youth Court''' handles criminal cases involving young people aged 12 to 17. Our information on [[Youth Justice Court Trials ( | '''Youth Court''' handles criminal cases involving young people aged 12 to 17. Our information on [[Youth Justice Court Trials (No. 226)|youth justice trials (no. 226)]] explains proceedings in this court. | ||
===Civil disputes under $35,000=== | ===Civil disputes under $35,000=== | ||
In a '''civil case''', one party in a conflict says they suffered '''damage''' as a result of conduct of another party. Examples include a contract dispute, a car accident claim, a claim to recover a debt, or a conflict between family members about who inherits property. | In a '''civil case''', one party in a conflict says they suffered '''damage''' as a result of conduct of another party. Examples include a contract dispute, a car accident claim, a claim to recover a debt, or a conflict between family members about who inherits property. | ||
In a civil case, one party files court documents to [[ | In a civil case, one party files court documents to [[Starting a Lawsuit (No. 165)|start the lawsuit]]. The other party can file documents to put forward their own position. If the parties can’t settle their case, it goes to trial, where each side presents evidence and the court decides the outcome of the case. | ||
For civil disputes worth between $5,000 and $35,000, the case can be brought in '''Small Claims Court'''. [http://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters This court] is designed for people to act for themselves; for example, all the forms are in plain language. For more, see our information on [[Suing Someone in Small Claims Court ( | For civil disputes worth between $5,000 and $35,000, the case can be brought in '''Small Claims Court'''. [http://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters This court] is designed for people to act for themselves; for example, all the forms are in plain language. For more, see our information on [[Suing Someone in Small Claims Court (No. 166)|Small Claims Court]] (no. [[Suing Someone in Small Claims Court (No. 166)|166]] to [[Going to Trial in Small Claims Court (No. 168)|168]]). | ||
Claims of $5,000 and less are dealt with by the '''Civil Resolution Tribunal'''. [https://civilresolutionbc.ca/ This tribunal] is an online system people can use without the help of a lawyer. | Claims of $5,000 and less are dealt with by the '''Civil Resolution Tribunal'''. [https://civilresolutionbc.ca/ This tribunal] is an online system people can use without the help of a lawyer. | ||
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===Are there options other than court to resolve a dispute?=== | ===Are there options other than court to resolve a dispute?=== | ||
Going to court is one way to resolve a dispute. But there are other ways that can be cheaper, faster, and more effective. Learn about options for “alternative dispute resolution” in our information on [[Resolving Disputes Without Going to Court ( | Going to court is one way to resolve a dispute. But there are other ways that can be cheaper, faster, and more effective. Learn about options for “alternative dispute resolution” in our information on [[Resolving Disputes Without Going to Court (No. 429)|resolving disputes without going to court (no. 429)]]. | ||
==Get help== | ==Get help== | ||
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