Remember, for each question always start by thinking about what concept(s) apply to the problem and fully describe those concepts. After applicable concept, applying the concept to the facts of the problem to reach conclusion). QUESTION 1

Frank is a relatively new Crown prosecutor, having worked with the Crown Counsel's office for about a year, and as is often the case early in a legal career he is still learning a lot. Frank is excited about the opportunity to gain valuable experience by assisting a more senior prosecutor - Lisa - in a second degree murder trial. The preliminary hearing has already been completed and the accused has been ordered to stand trial.

One his first day working on this case, when Frank met Lisa, she expressed concern about the health of a key Crown witness. Apparently this witness, who is integral to the Crown's case and whose importance was highlighted during their testimony at the preliminary hearing, is now terminally ill with cancer. It's not clear if this witness will live until the trial.

On an unrelated note, Frank has an 80 year old grandmother who is very proud of him. Ever since Frank told her he was going to law school his grandmother has been determined to learn as much as she can about the criminal justice system. She is now particularly excited because she has received a summons for jury duty - in as a Canadian citizen she believes it is her moral duty to make contributions to the community like this (this attitude she has toward public service was first exemplified when she served briefly as an MLA in the 1970's). While she has no idea on what trial she may potentially serve as a juror, she is looking forward to the opportunity to learn more about the justice system first hand as a juror.

QUESTION: What, if anything, will Lisa and Frank be able to do if their key witness dies before the trial begins?

QUESTION 2

Frank is a relatively new Crown prosecutor, having worked with the Crown Counsel's office for about a year, and as is often the case early in a legal career he is still learning a lot. Frank is excited about the opportunity to gain valuable experience by assisting a more senior prosecutor - Lisa - in a second degree murder trial. The preliminary hearing has already been completed and the accused has been ordered to stand trial.

One his first day working on this case, when Frank met Lisa, she expressed concern about the health of a key Crown witness. Apparently this witness, who is integral to the Crown's case and whose importance was highlighted during their testimony at the preliminary hearing, is now terminally ill with cancer. It's not clear if this witness will live until the trial.

On an unrelated note, Frank has an 80 year old grandmother who is very proud of him. Ever since Frank told her he was going to law school his grandmother has been determined to learn as much as she can about the criminal justice system. She is now particularly excited because she has received a summons for jury duty - in as a Canadian citizen she believes it is her moral duty to make contributions to the community like this (this attitude she has toward public service was first exemplified when she served briefly as an MLA in the 1970's). While she has no idea on what trial she may potentially serve as a juror, she is looking forward to the opportunity to learn more about the justice system first hand as a juror.

QUESTION:Frank is a little embarrassed about the fact that at this early stage of his involvement in the case he doesn't know if the trial will be a jury trial or a trial by judge alone. He doesn't want to just ask someone (like Lisa) lest it look like he really doesn't know what he is doing, so he has decided to figure this out for himself. Simply by looking at the law, can Frank figure out at least the likelihood of whether this will be a jury trial or not?

QUESTION 3

Frank is a relatively new Crown prosecutor, having worked with the Crown Counsel's office for about a year, and as is often the case early in a legal career he is still learning a lot. Frank is excited about the opportunity to gain valuable experience by assisting a more senior prosecutor - Lisa - in a second degree murder trial. The preliminary hearing has already been completed and the accused has been ordered to stand trial.

One his first day working on this case, when Frank met Lisa, she expressed concern about the health of a key Crown witness. Apparently this witness, who is integral to the Crown's case and whose importance was highlighted during their testimony at the preliminary hearing, is now terminally ill with cancer. It's not clear if this witness will live until the trial.

On an unrelated note, Frank has an 80 year old grandmother who is very proud of him. Ever since Frank told her he was going to law school his grandmother has been determined to learn as much as she can about the criminal justice system. She is now particularly excited because she has received a summons for jury duty - in as a Canadian citizen she believes it is her moral duty to make contributions to the community like this (this attitude she has toward public service was first exemplified when she served briefly as an MLA in the 1970's). While she has no idea on what trial she may potentially serve as a juror, she is looking forward to the opportunity to learn more about the justice system first hand as a juror.

QUESTION:Is Frank's grandmother eligible for jury duty? Is her age or anything else an impediment to eligibility?

Each question provide the law and apply it with the analysis