Willis: Anglo-American Law 
47 
Trial of the Issues. Assume that the case of Student against 
Policeman has been set for trial in Court Room number one immediately 
after the case of Jones v. Smith. Both Lawyer and Andrew will have 
to be ready to go on immediately at the conclusion of the Jones-Smith 
trial. They will be on hand with their respective clients and witnesses. 
The court will order the clerk to call the next case; and when he has 
said “Samuel Student against Peter Policeman”, and the attorneys have 
answered that they are ready, the court will direct the clerk to call 
a jury. 
Same — Getting the Jury. A juror must possess certain general 
and certain special qualifications to be eligible to act in a particular 
case. For example, he must usually be an elector of the jurisdiction, 
must not be related within a certain degree of consanguinity to either 
party and must be in such a state of mind toward the parties and 
the case as to be able to try the issue fairly and impartially. For alleged 
lack of any of these qualifications he may be challenged by either party, 
and if the challenge is found true, he will not be permitted to serve. 
Such challenges are termed challenges for cause. In addition by statute 
each party may, without assigning any reason therefor, exclude a speci- 
fied number of perfectly eligible jurors by peremptory challenge. The 
procedure with reference to challenge and to ascertaining and disclosing 
the reasons for challenge is not uniform. Among the various practices 
are the following: (1) The parties and their attorneys are confronted 
with the entire number of jurors summoned for service for the term 
and not then engaged in the trial of other causes. The attorneys, either 
directly or through the judge, are permitted to ask them as a body 
questions touching their qualifications to sit as jurors. If any juror 
discloses a probable ground for disqualification, he may be challenged 
and further examined; and even extrinsic evidence may be given to 
prove his ineligibility. If the challenge is found true, he is eliminated; 
otherwise not. After all ineligibles are thus removed, the clerk by lot 
selects twelve or twelve plus the number of peremptory challenges al- 
lowed, and after the peremptories are exercised or waived, the jury 
of twelve is sworn. (2) From among the jurors summoned for the 
term, usually called the panel or the array, the clerk selects by lot to 
the number of twelve plus the number of peremptories. The attorneys 
are allowed, directly or through the judge, to examine each of these 
individually as to his qualifications, and to eliminate by challenge for 
cause any who show themselves disqualified. If any juror is thus re- 
moved, he is replaced by another who is subject to examination as if 
originally drawn. After the requisite number of qualified jurors is 
obtained, the attorneys exercise their peremptory challenges, and the 
remaining twelve are sworn to try the case. (3) In England and 
Canada the jurors are selected by lot from the panel. As each juror 
comes to the box either attorney may challenge him for cause or 
peremptorily. If peremptorily, then no examination is necessary; if for 
cause, then he may put questions to the juror or present other evi- 
dence to support the challenge. But no questioning of a juror prior 
to challenge is allowed. (4) As each juror is chosen by lot by the clerk, 
he is examined by the attorneys, in a prescribed order, as to his quali- 
