Law Society of Ontario (LSO) Paralegal Practice Exam

What type of court trial does not include a jury?

1. Only OCJ trials

2. SCJ trials without a jury

3. All crimes regardless of severity

4. Only appeals from previous trials

The correct answer is: SCJ trials without a jury

The type of court trial that does not include a jury is a trial held in the Superior Court of Justice (SCJ) without a jury. In Canada, the right to a jury trial is typically reserved for serious criminal offenses, and many matters, including civil cases and certain criminal proceedings where the accused chooses to waive their right to a jury trial, are decided solely by a judge. In the context of the SCJ, when a case is heard without a jury, it allows for the judge to make determinations based on the presented evidence, legal standards, and judicial discretion. This type of trial is also notable in civil matters, where trials are usually conducted before a judge alone. Other options provided do not correctly represent the situations where trials are conducted without juries. For instance, not all trials in the Ontario Court of Justice (OCJ) are jury trials, but many are simple trials that do not involve juries due to the nature of the offenses. The option mentioning all crimes is overly broad since jury trials are specifically reserved for more serious offenses. Appeals do not typically involve retrials but rather a review of the trial record, and therefore, are not about the initial trial's jury determination.