Not exact matches
This is more problematic
in criminal
trials, where jury
questions could provide evidence pushing a case over the threshold of proof needed to prove beyond a reasonable doubt that the prosecution failed to provide, than
in civil cases with a preponderance of the evidence standard.
[42] I told Mr. Elkin that the
question I had raised concerned compliance or lack of compliance with the order made by Stinson J. I told him that the Supreme Court of Canada has said that the
civil justice system
in Canada is broken and that more intensive
Trial Management is one of the mechanisms being implemented to try to repair the system.
He did state that the driving
in question could lead to liability
in a
civil trial, but he did not meet the higher criminal standard for dangerous driving outlined by previous decisions before the Supreme Court of Canada.
(c) The justice presiding over a jury of 6 session shall have and exercise all powers and duties which a justice sitting
in the superior court department has and may exercise
in the
trial and disposition of
civil cases including the power to report
questions of law to the appeals court.
With respect to the first
question, the Court of Appeal noted, as per Legroulx v. Pitre, 2009 ONCA 760 (CanLII) at para. 5, that the Charter does not confer a right to a jury
trial in civil matters.
Voir dire is the process during which lawyers
question potential jurors
in order to determine their ability to be objective members of a jury during a criminal or
civil trial.
If you are involved
in a
civil trial please be sure to talk to your lawyer about any
questions you may have.
If you have a
question about probate, a warrant (
civil or criminal), an arrest, a
trial, or any other
trial court matters, please contact the Court clerk for the county
in which the case originated.
The firm's litigation practice is comprised of highly qualified and experienced attorneys, including those Certified by the Supreme Court of New Jersey as
Civil and Criminal
trial attorneys, who are capable of representing clients
in varied types of general, commercial, employment and criminal litigation, ranging from relatively simple contractual matters to litigation involving complex
questions of law and fact.
Written
questions on experts» reports and experts» discussions
in civil cases were CPR innovations and the purpose of the rule is to facilitate a helpful and open exchange of information after the expert's reports have been served and prior to
trial.
The Fifth Amendment right against self - incrimination applies only
in criminal
trials, but it permits a witness to refuse to answer a
question in either criminal or
civil cases, including
in a deposition.