Queen's Court Research Articles

Free election in the age of Erastianism: the case of R v The President and Chapter of Exeter Cathedral

AbstractOn 29 December 1838, the Dean of Exeter Cathedral, Whittington Landon, died. In the months that followed, the cathedral chapter repeatedly refused to elect the individuals nominated by the Crown, setting the stage for a protracted struggle that would play out in Parliament and in the Court of Queen's Bench. This is the story of R v The President and Chapter of the Cathedral Church of St Peter in Exeter.1

Hryniak Comes to Manitoba: The Evolution of Manitoba Civil Procedure in the 2010s

This article investigates whether the Supreme Court of Canada’s 2014 decision Hryniak v Mauldin has led to changes in Manitoba procedural law, largely in the summary judgment context. After introducing Hryniak and civil procedure reform’s place in the context of Canada’s access to justice crisis, the author turns to Manitoba. In addition to exploring the regulatory history of explicit changes to Manitoba’s Court of Queen’s Bench Rules, the author delves into Manitoba case law to determine their jurisprudential consequences and whether they have had effects in terms of the frequency that particular rules are used. Ultimately, it is concluded that, despite some potential to be bolder, by and large, Manitoba has prudently charted its own path in this important area of facilitating access to justice.

The Queen's Court and Green Mountain Manuscripts with Other Forgeries of the Czech Revival. Ed. and trans. David L. Cooper. Michigan Czech Translations, vol. 6. Ann Arbor: Michigan Slavic Publications, 2018. xxx, 234 pp. Notes. Bibliography. Index. $56.00, hard bound.

The Queen's Court and Green Mountain Manuscripts with Other Forgeries of the Czech Revival. Ed. and trans. David L. Cooper. Michigan Czech Translations, vol. 6. Ann Arbor: Michigan Slavic Publications, 2018. xxx, 234 pp. Notes. Bibliography. Index. $56.00, hard bound.

Slavic Antiquities and Forgeries as Means for the Shaping of Canons

The study deals with the role of Slavic antiquities in the age of national revivals and with the forging of such antiquities. It discusses the subject of Slavic antiquities and forgeries in Central Europe, bringing in the cultural context of Western Europe as well. ‘Antiquity’ is understood to mean a kind of medium that conveyed textual or visual information. The collecting of antiquities became fashionable during the first decades of the 19th century and led to the need for antiquities to be described and categorized. In turn, antiquities served as corpuses for the shaping of modern national cultural canons. It contends that these artefacts, authentic and forged alike, played an important role in moulding the cultural canons of the Slavic nations in Central Europe. An antiquity's canonical value stemmed from its age most of all and an antiquity needed to be linked as specifically as possible to the history and culture of a given nation. The worth of an antiquity was further boosted when it could be connected with historical personages of great significance. Finally, the more mysterious the history of an antiquity, the greater the degree of speculation permissible in regard to interpretations of it. A forged antiquity is basically an objectification informed by the forger's thinking and imagination. A forgery bears not just marks characteristic of past times but also marks of the forger and those of the time in which the forgery was made. It is something which calls an entire system into question, thereby causing bewilderment. From this perplexity, only one phenomenon can derive benefit, namely, the national culture. Important among the motives for the forging of Slavic antiquities was the circumstance that framers of canons felt that the structures of their national cultures were incomplete. Researching the reasons for the forging, the study points out structural gaps in the canons in Central Europe as well as traumas stemming from forgeries. Using four examples taken from Kollár's oeuvre (the Poison Tree of Java, the Slavic idols of Prillwitz, the Queen's Court and Green Mountain manuscripts and Derzhavin's poem God in Japanese and Chinese translation) it presents the most common motives behind Slavic forgeries along with the kinds of fake most frequently encountered; it also shows the processes by which forgeries were exposed for what they were. These examples show that when Kollár worked with antiquities and fake antiquities, playing the imposter and pecuniary advantage were very far from him. On the other hand, as a philologist he became a prisoner of contemporary national canonical and emblematic structures.

Dow wins $1 billion judgment against Nova

Dow Chemical won a round in one of two big lawsuits against Nova Chemicals. A Canadian court has issued a judgment of $1 billion in Dow’s favor in litigation over Nova’s conduct in running an ethylene joint venture between the two companies in Joffre, Alberta. Before the Court of Queen’s Bench, Dow alleged that between 2001 and 2012, Nova siphoned off more than its fair share of ethylene from their venture and that it ran the facility at lower operating rates than it should have. Nova said it was justified in taking the ethylene that it did and that the lower operating rates were due to feedstock shortages and mechanical issues at the plant. It further said that Dow was in breach of its contract when it procured feedstocks for its own operations in Alberta. Nova signed the original joint venture agreement in 1997 with Dow predecessor Union Carbide, which

ESCAPING THE WILDERNESS: R. v BOLTON AND JUDICIAL REVIEW FOR ERROR OF LAW

AbstractEnglish administrative law treats almost all errors of law as reviewable. Concerns that this deprives administrators of their autonomy have led to calls for a distinction to be drawn between jurisdictional and non-jurisdictional errors of law. This was commonplace for much of administrative law's history. Such calls have fallen on deaf ears as courts and commentators express caution towards retreating to an approach which, it is said, led to a “wilderness of single instances”. This article examines the older law to see whether that was really the case, concentrating on the important decision of the Court of Queen's Bench in R. v Bolton (1841).

A Judge on the Court of Queen's Bench (1952-60)

A Judge on the Court of Queen's Bench (1952-60)

Manitoba Jockey Club v. ManitobaCase No. CI13-01-82759, [2013] M.J. NO. 135, 2013 MBQB (Manitoba Court of Queen's Bench, Winnipeg Centre, May 6, 2013)

Manitoba Jockey Club v. ManitobaCase No. CI13-01-82759, [2013] M.J. NO. 135, 2013 MBQB (Manitoba Court of Queen's Bench, Winnipeg Centre, May 6, 2013)

Lake Louise Limited Partnership v. Canad Corp. of Manitoba, Ltd.Case No. CI 09-01-61504 and CI 09-01-61489, [2013] M.J. No. 81; 2013 MBQB 67; 2013 MB.C.Lexis 81 (Manitoba Court of Queen s Bench, Winnipeg Centre, March 15, 2013)

Lake Louise Limited Partnership v. Canad Corp. of Manitoba, Ltd.Case No. CI 09-01-61504 and CI 09-01-61489, [2013] M.J. No. 81; 2013 MBQB 67; 2013 MB.C.Lexis 81 (Manitoba Court of Queen s Bench, Winnipeg Centre, March 15, 2013)

조선조의 공문서 및 왕실자료에 나타난 장류

This paper investigated the system that is relevant to Jang(fermented soybean paste or solution), the relief of hungerstricken people by Jang, 33 kinds of Jang, and its consumption in the documents, such as the annals of the Chosun Dynasty, Ihlseong-document, Seungjeongwon daily, Uigwe(record of national ceremony), official documents on the basis of Kyujanggak institute for the Korean studies and data base of Korean classics. There are lots of Jang named after the place of particular soybean's production from the ancient times. Jang, soybean, salt and Meju(source of Jang), during the Dynasty, were collected as taxation or tribute. In the 5th year of Hyeonjong(1664), the storage amount of soybean in Hojo(ministry of finance) was 16,200 ㎘, and its consumption was 7,694 ㎘ a year. In the 32nd year of Yongjo(1756), the 1,800 ㎘ of soybean was distributed to the people at the time of disaster, and in his 36th year(1756), the 15,426 ㎘ of soybean was reduced from the soybean taxation nationwide. The offices managing Jang are Naejashi, Saseonseo, Sadoshi, Yebinshi and Bongsangshi. Chongyoongcheong(Gyeonggi military headquarters) stored the 175.14 ㎘ of Jang, and the 198 ㎘ of Jang in Yebinshi. There are such posts managing Jang as Jangsaek, Jangdoo, and Saseonsikjang. In the year of Jeongjong(1777～ 1800), the royal family distributed the 3.6 ㎘ of Meju to Gasoon-court, Hygyeong-court, queen's mother-court, queen's court, royal palace. The 13.41 ㎘ of Gamjang(fermented soybean solution) was distributed to the Gasoon-court, 17.23 ㎘ to

Lake Louise Limited Partnership v. Canad Corp. of Manitoba Ltd.[2011] M.J. No. 305; 2011 MBQB 225, 2011 MB.C. LEXIS 845 (Manitoba Court of Queen's Bench, Winnipeg Centre, September 16, 2011)

<i>Lake Louise Limited Partnership v. Canad Corp. of Manitoba Ltd.</i><i>[2011] M.J. No. 305; 2011 MBQB 225, 2011 MB.C. LEXIS 845 (Manitoba Court of Queen's Bench, Winnipeg Centre, September 16, 2011)</i>

The Hypocrisy in our Democracy: Placing Youth Voting in Perspective

In 2002 the Alberta Court of Queen’s Bench dismissed a lawsuit brought by two women who had been denied the right to vote in an Alberta election. The court laid out several different justifications for the limiting the franchise to those under the age of 18. However, upon analysis, those justifications fail to withstand critical reasoning. Placing the courts reasoning in wider perspective exposes a great deal about the nature of Canada’s political system today.

Public Law and The Executive

The contemporary public law jurisprudence of the High Court has transformed the basis of judicial review of executive action, removed traditional restraints on the scope of executive power, reinforced the separation of powers, and transformed the federal compact by identifying new constitutional limits on State institutions. The High Court has, over the last two decades, emphasised the constitutional dimension of a number of terms found in the Constitution by characterising them as “constitutional expressions”. These expressions have been imbued with substantive force by identifying a bundle of essential characteristics of each such expression, being characteristics that Parliament cannot alter. The impact of this new approach on executive power has been the emergence of a constitutional foundation for Commonwealth and State administrative law, a renewed focus on the constitutional foundation of executive authority, and the extension of the separation of powers doctrine to State institutions. This development is of profound significance for the entire range of interaction between the judiciary and executive government.

‘I abhorr what I Soe long lov'd’: An Exploration of Rochester's ‘death bed repentance’

(ProQuest: ... denotes formulae omitted.)On 25 June 1680, John Wilmot, 2nd Earl of Rochester, aged only thirty-three years but the most dissolute member of the dissolute court of Charles II, lay dying at his country retreat in Oxfordshire. Two years earlier, his fellow poet Samuel Butler had penned a not unaffectionate portrait of him in his satire The Court Burlesqued:This Noble Peer, so fam'd for writingSatyrs, so Bawdy and so Biting,Who for lampooning Church and Crown,Usurps the Bays from all the Town,May boast himself, we must allow it,Lord, Atheist, Mountebank and Poet,Rake, Coward, Libertine, but yetA Man of Learning and of Wit.1Satirist, atheist, rake, libertine, and poet with a reputation for ridiculing Church and State: Rochester's life and writings fully justify all these attributes. Yet on that day in late June, apparently without any warning, and too weak to write himself, he dictated 'at Twelve at Night' a remarkable letter to a former chaplain to the King, Gilbert Burnet:I beginn To value Churchmen above all men in the World: & you above all the Churchmen I know in itt ... I hope ... that The World may See how much I abhorr what I Soe long lov'd, & how much I Glory in repentance in Gods Service. bestow your prayers upon mee that God would spare me, (if itt bee his Good Will) To shew a True repentance, & amendment of life for the Time to come, or els ... that hee would mercifully except of my death bed repentance ...2Within five weeks, Rochester was dead, and the news of his self-styled 'death bed repentance' swiftly reverberated through the Court, the City and the Church. This was achieved initially by astounded word of mouth, and then reinforced through the rapid publication of both Rochester's letter to Burnet and the funeral sermon delivered by his mother's chaplain, Robert Parsons; three months later, Burnet issued a biography largely fashioned out of conversations he had held with the earl during the previous winter and latterly over a period of four days during Rochester's final illness. Parsons and Burnet had no doubt as to the genuineness of the earl's volte face, but their shared conviction has been tarnished by suspicions of ecclesial selfinterest; many contemporaries found it simply incredible to accept that Rochester had repented of 'the commissions of some sins extraordinary'. Some may have rejected out of hand the whole notion of repentance, sharing the sentiments expressed by Sulpitius in Otway's The History and Fall of Caius Marius (1680), 'A Curse on all Repentance! How I hate it! / I'd rather hear a Dog howl than a Man whine!' (p. 66), and one of Rochester's regular companions, William Fanshaw, is representative in attributing his conversion simply to delirium, 'for to [my] knowledge', he commented at the time, '[my Lord] believed neither in God nor Jesus Christ'. Nonetheless, the Earl of Halifax, the unamiable Earl of Mulgrave (Rochester's bitter enemy) and John Tillotson, the Dean (later Archbishop) of Canterbury, were amongst those who seem to have accepted the conversion at face value, and during the next 150 years, the accounts by Parsons and Burnet of Rochester's 'death bed repentance', passing through over thirty reissues and editions, would provide a staple of the popular devotional diet. 3This paper seeks to explore the context and validity of Rochester's profession of faith. After a review of his family background and the contemporary political situation, Rochester's letters and poetry will be examined for any evidence of his religious views and, finally, the conclusions drawn by Burnet and Parsons will be sifted and assessed.The social and political backgroundRochester was born on 1 April 1647, just under two years before the lawful monarch, Charles I, was publicly executed outside the Banqueting Hall, Whitehall Palace. His father, Baron Wilmot of Adderbury (he would be created Earl of Rochester in 1652), was one of Charles I's principal cavalry commanders during the Civil War, but falling into disgrace in 1644 he had joined the Queen's court which had removed to France. …

Emancipation as Oppression: The Marshall Decision and Self-Government

The Decision It was August 1993, and for a second time the name Donald Marshall Jr. would be associated with a court decision in Canada. History was set to repeat itself. Once a symbol of justice miscarried, Donald Marshall Jr. was setting in motion the most important Aboriginal treaty rights case in Eastern Canada, for on that day in August he was arrested for catching 210 kilograms of eels in Pomquet Harbour and selling them for $787.10. Charged with fishing without a license during a closed season, he argued that as a Mi'kmaq he was exercising his treaty rights under the eighteenth-century Peace and Friendship treaties. The case was finally heard by the Supreme Court of Canada, and the decision of that court was released on 17 September 1999, with a further clarification on 17 November of that year. Citing primarily the treaties of 1760-61, the court ruled that Mi'kmaq and Maliseet peoples had the right to hunt, fish, and gather, and to sell their products to make a moderate livelihood. Although the Mi'kmaq and Maliseet people would not now own all the resources, they could access them subject only to limitations justified by conservation needs or other pressing public objectives (Coates 2000, 3-7; INAC 2001; R. v. Marshall #1 1999, § 7) The Supreme Court decision was hailed as a historic breakthrough by Aboriginal peoples. The right to provide a reasonable living for oneself and one's family by directly accessing resources seemed to many to be a significant step in reversing centuries of dispossession and impoverishment. The decision had come shortly after the New Brunswick case of Thomas Peter Paul, who was tried in 1997 for harvesting wood for commercial purposes. The first decision in favour of Thomas Peter Paul was upheld a year later at the Court of Queen's Bench, only in the end to be overturned in 1999 by the New Brunswick Court of Appeal (R. v. Thomas Peter Paul 1996, 1997, 1998). The result, though, despite the eventual defeat, was the expectation that a treaty right to commercial resource gathering existed and would soon be a reality. Both cases prompted Mi'kmaq and Maliseet fishers to purchase the necessary gear and begin to make a living for themselves. Ken Coates wrote in The Marshall Decision and Native Rights of the new optimism that provincial governments appear to be genuinely committed to new resourcesharing arrangements that have real potential to add to the economic sustainability of First Nations (2000, 164). Although he tempered this judgment in his conclusion by drawing attention to the legacy of bitter words and nasty actions, especially around Burnt Church, where the worst violence against Aboriginal fishers occurred, Coates nonetheless saw evidence in the bureaucratization of the process of negotiating agreements with reserves that progress was being made (205-206). Now that ten years have passed, the effects of the Marshall decision can be seen. By exploring the aftermath of the Marshall decision, this essay inquires into the effects that the subsequent agreements between Fisheries and Oceans Canada and the various reserve communities have had both on the attempts to preserve traditional forms of life and on the ongoing governance of reserves. Specifically, I will argue that the fishing agreements have created economic opportunities and jobs at the cost of further eroding traditional political and economic practices, by replacing the direct access to resources provided for by Marshall (and consistent with traditional economic practices) with a system of limited and regulated access. Under these agreements, the management of access will rest with the chief and council. The federal policy of self-government over the past three decades has been to increase the power of the chief and council by devolving areas of authority. The Marshall agreements are structured in terms consistent with this nowestablished policy of self-government. A number of critics have expressed concern that the political structure of chief and council, which exist under the Indian Act, are incommensurate with tradition. …

Naming and Blaming: The Case of "The Rehnquist Court"

Naming and Blaming:The Case of "The Rehnquist Court" Edward A. Purcell Jr. (bio) Nancy Maveety . Queen's Court: Judicial Power in the Rehnquist Era. Lawrence: University of Kansas Press, 2008. ix + 194 pp. Notes, bibliography, and index. $29.95. Using the names of chief justices to demarcate periods in the history of the United States Supreme Court is as common as it is misleading. The label "Warren Court" seems etched in stone, for example, even though the Court went through two, if not three, quite distinct phases between 1953 and 1969 when the eponymous Earl Warren was chief. The last phase, moreover, arguably continued for almost a decade after Warren left the bench, and might—at least after the early 1960s—have more accurately been termed the "Brennan Court." Applying the chief justice's name to the recently terminated "Rehnquist Court" is particularly inapt, Professor Nancy Maveety argues in her new book, Queen's Court, a title that readily captures her thesis. Seeking "to assign a definitive meaning to the 'Rehnquist Court'" and "identify its historical importance," Maveety concludes that the Court under Chief Justice William Rehnquist "should be remembered legitimately as Justice O'Connor's." Both its long-term significance and the "real difficulties—jurisprudential and systemic" that it created—flowed from the "judicial O'Connorism" that characterized its work (p. 4). A specialist in the Court's history and the author of Justice Sandra Day O'Connor: Strategist on the Supreme Court (1996), Maveety is well positioned to evaluate the contributions of the Court's first female member during her twenty-five-year tenure from 1981 to 2006. Few, of course, would dispute the author's general premise that O'Connor "sat, figuratively if not literally," at the center of the Rehnquist Court (p. 4). Indeed, her pivotal role has long been recognized. Edward Lazarus, who clerked for Justice Harry Blackmun in the late 1980s, concluded a decade later that the Court "remains, as it was in my day, a creature of Justices O'Connor and Kennedy." The two "swing" conservatives controlled. "In case after case," Lazarus explained, "these swing-vote justices write separate concurrences, usually modulating the conservative insurgency, [End Page 440] but always bending the Court and the law to their will."1 Subsequently, surveying O'Connor's tenure after her retirement, Jeffrey Toobin portrayed her position similarly if more dramatically. "The way to win a majority in the Rehnquist Court was to earn O'Connor's support," he wrote, "so her colleagues invariably came to her as supplicants."2 Thus, the importance of Maveety's book lies neither in its identification of O'Connor's pivotal position on the Rehnquist Court nor in its description of her "as a centrist conservative on a sharply divided and jurisprudentially polarized Supreme Court" (p. 3). Rather, its importance lies in its more specific argument that O'Connor used her key position not just to swing cases her way but also to reshape the Court's inner workings. Largely assuming, rather than examining, issues of political context, judicial values, and substantive doctrine, Maveety concentrates on the Court's evolving institutional norms and de facto decision-making process, and it is in those areas that she locates O'Connor's principal significance. O'Connor was "the crucial contributor to each of the several legacies of the Supreme Court during the Rehnquist era" she concludes, and the Rehnquist Court's primary legacy was its normative and behavioral acceptance of a distinctive "judicial O'Connorism" (p. 4, italics in original). Queen's Court builds its argument in a series of steps. Chapter one, based largely on the papers of Justice Harry Blackmun covering three early terms (1986, 1991, and 1993), argues that "individuated judicial behavior defined the Rehnquist Court" (p. 5). The chief ran a "nondeliberative conference" (p. 14) that fostered a norm of "judicial individualism" (p. 35) as well as a practice of informal bargaining in which the justices strove to pull together majority coalitions to support specific results in individual cases. "O'Connor and her colleagues," Maveety explains, "behaved as if the circulation of conditional join memos and concurrence drafts was the duty of all justices in their individual...

Queen's court: judicial power in the Rehnquist era

As frequent swing vote and centrist voice, Justice Sandra Day O'Connor helped shape many of Supreme Court's landmark decisions and opinions under leadership of William Rehnquist. Indeed, many argue that her overall impact and influence was greater than that of Chief Justice himself.Nancy Maveety now takes a closer look at what might justifiably be known as O'Connor Court, in which voices of individual justices came to fore. She describes how policy leadership was subdivided among these eminent jurists in a way that fostered an individualist conception of judicial power. And she explains how this distribution of power contributed to a proliferation of concurring opinions - and, in polarizing issues like Planned Parenthood v. Casey or Michigan affirmative action cases, decisions that sidestepped precedent-setting principles.Maveety's book is first to look beyond conventional wisdom that O'Connor's centrism gave her de facto control over a court notorious for its disunity, providing instead a more precise and systematic analysis of her influence. Maveety seeks not only to assign a definitive meaning to the Rehnquist but also to identify its historical importance for constitutional order and conception of judicial power within it - situating O'Connor squarely at its center.Maveety describes attributes that distinguish this Court from its predecessors and suggests how O'Connor's five years on Burger Court foreshadowed her emergence as an accomodationist. Then, as Court became more polarized under Rehnquist, there evolved individualized behavior and rule-of-thumb jurisprudence that came to characterize O'Connor's decision making. What resulted were carefully circumscribed decisions like Bush v. Gore or Hamdi v. Rumsfeld that provide fewer precedents for lower courts.Queen's ultimately reveals that importance of Rehnquist years extends from substance of constitutional law to institutional operation of Court decision-making - and that O'Connor was vital to those changes.

“Her cruell hands”: Love as Predation in Amoretti

Although Edmund Spenser's Amoretti has long been considered the poet's personal love song for his second wife to be, Elizabeth Boyle, it is quite difficult to accept that she is the only lady in the poem. Especially, when we accept the fact that Spenser actually has in mind three women who bear the name Elizabeth as he declares in Sonnet 74, it becomes more probable that there are more than one lady presented in the sequence. Among the three ladies that the poet mentions, Queen Elizabeth I plays particularly an important role in the sequence when we consider Spener's relationship with the queen and the publication date of the poem. And it is my contention that a significant part of the work deals with the poet's struggle to acquire her love or her favour. It is not difficult to find in Amoretti the elements that can be interpreted as a manifestation of the poet's bitterness for not having been received in the queen's court as he thought he deserved. The most interesting thing is that the queen is presented mostly as a scornful fighter, cruel warrior, and often greedy predator, while the poet is an ineffectual wooer, peace-seeking hostage, and helpless prey. The pain of unrequited love or of a scorned lover lies at the heart of the sequence. To the poet, love is a game that is extremely lopsided and unfair. But he has to play this game because he cannot survive without his lady's love, which is seen as essential nourishment to him. Thus, predation becomes an important metaphor that illustrates the peculiar relationship between the poet and the lady he loves. Closely related to the dramatic development of the sequence, the poet's struggle to deal with the lady's cruelty constitutes a central part of our experience of the poem. Spenser's longing for royal favour is reflected in the relationship between the poet and the lady in Amoretti, and it is probably the poet's attempt to present himself as a scorned lover to the queen and/or to those that hold power in Elizabeth's court that makes the sonnet sequence such an extravagant complaint, rather than a personal love song.

R. (Martin) v Mahony: the History of a Classical Certiorari Authority

R. (Martin) v Mahony, a decision of the Irish High Court of 1910, continues to be acknowledged by modern textbook writers as a leading authority for the classical rule that certiorari could not correct error of law. This rule, which considerably reduced judicial superintendence of magistrates' courts, had been established by the English court of Queen's Bench in the 1840s. However, the rule was repudiated by the Exchequer Division in Ireland in the late 1880s, which developed a novel, liberal theory of certiorari. This doctrinal innovation, which was used in overturning convictions under the anti-boycotting statute, the Criminal Law and Procedure Act 1887, appalled sections of Lord Salisbury's government, was disapproved of by the English courts, and split the Irish judiciary. The division caused by the doctrine persisted until 1910 when the Irish High Court, having assembled in banc in Martin's Case in order to resolve the impasse, re-established orthodox English doctrine.

DNA Evidence and Jury Comprehension

ABSTRACTThe purpose of this research project was to develop insight into the factors that influence judge and jury interpretations, perceptions and understanding of DNA evidence within the criminal justice system. The research question was addressed using a triangulated data collection methodology involving the following six-step process: three focus groups consisting of mock jurors, defence and prosecution lawyers; semi-structured interviews with Court of Queen's Bench justices; the distribution of 500 surveys to jury eligible community members; a scripted mock murder trial; a videotaped mock jury deliberation on the mock murder case; and an interview with the mock jurors after deliberations. The findings of this research outlines some of the changes lawyers, judges, and members of the general public feel are essential to their process of interpreting, perceiving and understanding DNA evidence. Some of these changes include encouraging jurors to take notes, giving jurors suggestions for conducting deliberations, providing juror notebooks, permitting jurors discussions during the trial, providing jurors with written instructions, and introducing a learning-style survey.