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Chapter 5 In Law Text Book.

1995 words - 8 pages

Chapter 55.1-5.21.a) Which system of trial procedure is used in Canada?It is called the adversary system.b) Discuss this system with reference to the parties involved and the onus on each.The Crown- to prove beyond a reasonable doubt that the accused committed the actus reas elements of the offence with the required mens rea.The Defense- must at least convince one juror that the Crown has not proven beyond a reasonable doubt that the accused committed the offense.2. Who appoints judges to the various levels of courts?Provincial court judges and justices of the peace are appointed by each province; other judges are appointed by the Federal government.3.Why is the role of court recorder so important?The court recorder records word for word, the evidence given and all questions and comments made during the trial. They are relied upon to accurately record all the evidence.5.3- 5.41. For what reasons might motions be made at the beginning of a trial?For a stay of proceedings2. What are the advantages and the disadvantages to the accused of a trial by jury?Advantages· the defense lawyer only needs to convince on juror in the accused's favor· the jury may decide the case in accordance with the social values of the time, rather than precedent· a jury may also feel empathy for the accusedDisadvantages· jury might bring prejudices to its task· may not understand the legal technicalities involved in a certain case3.a) describe the steps followed in jury selection.· List of jurors is selected from people that live in the country· From this list, a selection committee run by the sheriff, randomly picks out 75-100 names· These people are summoned to appear by notice from the sheriff· They assemble in the courtroom at the start of trail· A card with the name of each person is put in a barrel· Cards are drawn one at a time, and the person selected steps forward· The Crown and the Defense lawyers have the right to accept or reject the jurors· The juror can be challenged, challenged for cause (does not meet the requirements governing juries), or peremptory challenge (eliminate the juror without giving a reason)b) Name 6 categories of people who are ineligible for jury duty; and give a reason why each category is not eligible.· Anyone under 18 or over 69· Because they are too young to understand the importance of being a juror or because they are just too old· Any editor, reporter, or printer of any public newspaper· because they might leak out information· Anyone who is not a Canadian citizen· because they do not understand the laws of our country· Any doctor, nurse, coroner, veterinarian or dentist· because they have medical knowledge· Any judge, or justice of the peace, lawyer or law student· because they have knowledge of the law· Anyone convicted of an indictable offence for which he or she has...

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