5 Steps of the Jury Selection Process

The constitution gives us the right to be tried by a jury of our peers. Due to this, in very serious criminal prosecutions, members of the jury are always present. Needless to say, these people need to be chosen carefully so as to ensure that both the defense and prosecution are comfortable. The jury selection process has several steps as outlined below;

1. Random selection
First of all, a group of about 12 people is chosen randomly from the jury pool. These people are then invited to the courtroom.
Here, the judge briefs them on the nature of the case, the length of the trial, the names of the parties involved, the names of the witnesses to be called and the names of all the other people involved like the lawyers, the judge, and court staff.

2. Application to be excused
Potential jurors will also be asked if they want to be excused from jury service for any reason. If you feel that you need to be excused, you will be allowed to apply for the judge to do so.

3. Voire dire
Voire dire means to speak the truth. At this stage, the lawyers from both sides will be allowed to ask the jurors if they have any prior knowledge of the case and if they have any previous experience that will make them biased or unfair during the trial.

4. Rejection of some potential jurors
If any of the lawyers feel that a juror will be prejudiced, they are allowed to request for dismissal of the juror for cause. They are allowed to do this for an unlimited number of times. However, it is up to the judge to allow or deny the request.
A potential juror may be suspected to be prejudiced if they are related to any of the opposing parties or if they work for any of them.

The lawyers are also allowed to request dismissal of a juror without cause. They are however allowed to do this a limited number of times. At this point, lawyers may seek to dismiss jurors they believe will not serve the best interest of their client.
They are however not allowed to discriminate anyone on the basis of sex or race

5. Impaneling of jurors
Once both parties have agreed on the jurors, they are sworn in by the court clerk and impaneled. Those who are not selected are dismissed.

During the trial, the jurors are expected to provide a fair and unbiased verdict. They are not allowed to discuss the case with outsiders or eve each other.

source http://www.winterwoodlodge.com/5-steps-of-the-jury-selection-process/

Statutes of Limitation and Statutes of Repose

“Act now! This offer won’t last long!” Most of us have seen advertisements to that effect at some point throughout our lives. But did you know that the law imposes limitations like that on your ability to sue? Using what are known as statutes of limitation and statutes of repose, the law puts a deadline on when you can file suit for a legal wrong. Let’s look at each in turn.

But first, why should the law care when a person sues? If she was injured by the unlawful conduct of another, why not just let her sue whenever she feels like it? There are generally two reasons that the law puts a deadline on lawsuits. First, courts and legislators want to encourage people to be diligent in protecting their own rights. Second, because memories fade with time, they want to be sure that witnesses to be called in the case accurately remember what happened. To further those two ends, legislatures have enacted statutes of limitation and statutes of repose.

Statutes of Limitation

Statutes of limitation establish a deadline for lawsuits based on when a legal claim accrues. A legal claim normally accrues on the date when the legal injury occurs. For example, if a person is involved in a car accident with a reckless driver, then the legal injury occurs, and his legal claim accrues, on the date of the accident. However, courts sometimes delay the accrual of a legal claim because the injured person could not have been aware of his injury. For instance, if a surgeon messes up while operating, but doesn’t disclose his mistake to the patient, then the patient’s legal claim might not accrue until she actually learns of the surgeon’s error. Whatever the case may be, statutes of limitation set a deadline by which the injured party must file a lawsuit. If they miss the deadline, then their lawsuit will be thrown out if the defendant asks the court to do so. Typical statutes of limitation set deadlines of anywhere from one to six years, depending on the type of legal claim.

Statutes of Repose

Statutes of repose are like statutes of limitation in that both set a deadline for lawsuits. However, statutes of repose differ from statutes of limitation in what triggers the timer. While a statute of limitations might not begin to run until a person can learn of his injury, the statute of repose begins to run immediately upon some specified occurrence. For example, federal securities law, which governs the offering and sale of securities like corporate stock, establishes a deadline of five years after a person purchases a security. So, if the seller of a security misled the buyer, and the buyer didn’t—and couldn’t—realize that until five years and one day after she bought the security, her lawsuit will still be barred by the statute of repose.

Statutes of limitation and statutes of repose are important concepts in controlling when a lawsuit can be filed. Because they set a deadline for filing suit over a legal injury, and because what that deadline is won’t always be obvious to a layperson, you should consult with a knowledgeable attorney promptly upon discovering that you have—or even merely that you may have—a legal claim against another person.

source http://www.winterwoodlodge.com/statutes-of-limitation-and-statutes-of-repose/