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Difference between revisions of "Understanding the Legal System for Family Law Matters"
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Understanding the Legal System for Family Law Matters (view source)
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The fundamental purpose of the courts is to resolve legal disputes in a fair and impartial manner. The courts deal with all manner of legal disputes, from the government's claim that someone has committed a crime, to a property owner's claim that someone has trespassed on their property, to a shareholder's grievance against a company, to an employee's claim of wrongful dismissal. | The fundamental purpose of the courts is to resolve legal disputes in a fair and impartial manner. The courts deal with all manner of legal disputes, from the government's claim that someone has committed a crime, to a property owner's claim that someone has trespassed on their property, to a shareholder's grievance against a company, to an employee's claim of wrongful dismissal. | ||
No matter what the nature of the dispute is, the judge who hears the dispute must give each party the chance to tell their story and give a complete answer | No matter what the nature of the dispute is, the judge who hears the dispute must give each party the chance to tell their story and give a complete answer. The judge must listen to each party without bias, and make a fair determination, resolving the dispute based on the facts and the laws, including the legislated laws and the common law that might apply to the dispute. | ||
===The Courts of British Columbia=== | ===The Courts of British Columbia=== | ||
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There are four divisions of the Provincial Court: Criminal and Youth Court, which mostly deals with charges under the ''Criminal Code''; Small Claims Court, which deals with claims about contracts, services, property and debt; Traffic and Bylaw Court, which deals traffic tickets and provincial and municipal offences; and, Family Court, which deals with certain claims under the ''Family Law Act''. | There are four divisions of the Provincial Court: Criminal and Youth Court, which mostly deals with charges under the ''Criminal Code''; Small Claims Court, which deals with claims about contracts, services, property and debt; Traffic and Bylaw Court, which deals traffic tickets and provincial and municipal offences; and, Family Court, which deals with certain claims under the ''Family Law Act''. | ||
The jurisdiction of the Provincial Court is fairly narrow. It can only deal with the subjects assigned to it by the provincial government | The jurisdiction of the Provincial Court is fairly narrow. It can only deal with the subjects assigned to it by the provincial government. Unless the government has expressly authorized the Provincial Court to deal with an issue, the Provincial Court cannot hear the case. For example, Small Claims Court can only handle claims up to $25,000.00, and Family Court cannot deal with claims involving family property or family debt, or claims under the ''Divorce Act''. Each branch of the Provincial Court has its own set of procedural rules and its own court forms. | ||
====The Supreme Court==== | ====The Supreme Court==== | ||
The Supreme Court can deal with any claim and there is no limit to the court's authority, except for the limits set out in the court's procedural rules and in the constitution. There are three kinds of judicial official in the Supreme Court, | The Supreme Court can deal with any claim and there is no limit to the court's authority, except for the limits set out in the court's procedural rules and in the constitution. There are three kinds of judicial official in the Supreme Court: justices, masters, and registrars. Justices and masters deal with most family law problems. | ||
There are two sets of rules in the Supreme Court | There are two sets of rules in the Supreme Court: the Supreme Court Family Rules, which apply just to family law disputes, and the Supreme Court Civil Rules, which apply to all other non-criminal matters. Each set of rules has its own court forms. | ||
The Supreme Court is a trial court, like the Provincial Court, and an appeal court. The Supreme Court hears appeals from Provincial Court decisions, and justices of the Supreme Court hear appeals from masters' decisions. | The Supreme Court is a trial court, like the Provincial Court, and an appeal court. The Supreme Court hears appeals from Provincial Court decisions, and justices of the Supreme Court hear appeals from masters' decisions. | ||
