jury Flashcards
definition
a group of 6 randomly selected people from the electoral role who are required to deliver a verdict and decide questions of fact
roles
- remain objective
- listen to evidence, judges directions, and submissions made by legal representatives
- determine liability and damages
remain objective
the jury should be independent and unbaised throughout the proceeding and when determining the verdict
potential jurors who believe they cannot remain impartial must ask to be excused during the process of jury empanelment
listen to evidence
the jury must listen to all evidence presented at trial to ensure the verdict is based on all relevant evidence, and the facts of the case
jurors must be alert, take notes, and keep track of information throughout the trial
determine liability and damages
the main role of the jury is to determine whether the defendant is responsible for the plaintiffs harm based on whether the plaintiff has proven their case on the balance of probabilities
most times the jury must reach a unanimous verdict, however in some cases a majority verdict of 5/6 may be accepted by the court
similarities - criminal
impartiality - juries must remain impartial and make a decision based on the evidence presented
obligations - in both criminal anc civil cases, juries are obliged to listen to instructions, directions, and evidence carefully
differences - criminal
determining guilt - in criminal cases the jury must determine the guilt beyond reasonable doubt, whereas in civil cases the jury must determine the defendants liability on the balance of probabilities
sanction - in criminal cases, the jury will never impose a sanction for accused persons found guilty, whereas the jury may play a role in determining the amount of damages to be awarded in civil cases