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Main Court Participants
Litigants
Lawyers
Judges
Juries
Litigants & the 2 types
Person or party involved in lawsuit or legal action
The 2 types of litigants are
“One-shotters” - Only been involved in a resolving a dispute once, do not know how to navigate through the law
“Repeat Players” - Often have the means to influence the outcome of cases more consistently
Lawyers
Practice & study law in form of an attorney or advisor
Dispense of advice about legal rules & how those rules apply to specific issues in a dispute
Also advice whether a particular dispute warrants judicial intervention
Judges
Public officials appointed to decide cases in a court of law
Should be impartial & not have a conflict of interest
Interpret the rules that govern proceedings
In Canada judges are ex-lawyers
Juries
Body of people sworn to give a verdict in a legal case on the basis of evidence presented to them
Juries are used in Common Law countries
Who CAN serve on a jury?
Canadian citizens aged 18 to 65 (or 69)
No conviction for a serious crime (unless pardoned)
No mental or physical disability that affects jury duty
Who CAN’T serve on a jury?
Legal professionals
Law enforcement
Medical professionals
Military personnel
‘Random Selection’ Jury Selection Method
Jurors are picked by a computer from voter registration and provincial health card lists.
‘Court Screening’ Jury Selection Method
Selected individuals go through a vetting process
Why are Jurors Questioned Before Court?
Lawyers trying to establish a connection for increased chances of their winning
Lawyers check jurors for potential bias or retain those who may be sympathetic to their side
Scientific Jury Selection
Lawyers use certain strategies to point out jurors which may be susceptible to their case
Black women for OJ’s case
What does jury selection look in the lens of a lawyer
Lawyers have restricted access to juror information (name, address, occupation, & demeanour in court)
What are challenges of Jury Trial Selection in Canada
Claims that the computerized selection process was biased
Argues that a juror does not meet eligibility requirements
Allows the Crown or defence to reject a juror w/o giving a reason (limited number allowed)
Concerns about Jury Trials
Potential biases from jurors
Lack of diversity - certain minorities are underrepresented
Jurors lack the ability to assess evidence or stay impartial
