The Role Of The Jury

Question 1

Why and when we use a jury?

Answer 1

There are two cases in which a court uses a jury in a civil trial:

• One of the parties requests a trial by jury in the pleadings stage, however a court may reject this request, or;
• The court may order a trial by jury however this is rare

The civil jury decides what facts they believe are true, and apply the law stated by the judge.
Juries may also decide damages (except in defamation), but the judge makes the final remedy decision.

Question 2

What is the composition of a civil jury?

Answer 2

If a civil trial is to be tried by jury, the jury is made up of only 6 jurors. The jurors are chosen randomly from persons eligible to vote and who are on the electoral roll, and following a lengthy selection process.

Question 3

Responsibilities of a civil jury: be objective?

Answer 3

The jury must be unbiased and bring an open mind to the task, putting aside any prejudices or any pre conceived ideas. Each juror, must not have any connection with either party, and only make decisions on fact.

Question 4

Responsibilities of the jury: listen to and remember evidence?

Answer 4

• Jurors can take notes if it helps them to remember information, but they must make sure they concentrate on what is taking place in the courtroom.
• A jury must not conduct their own research outside of the trial, research the case or make any enquiries in the trial.

Question 5

Responsibilities of the jury: decide on liability and damages?

Answer 5

• In a civil trial, the jury must decide who or what to believe, and whether the plaintiff has established their case on the balance of probabilities.
• A civil jury must try and reach a unanimous verdict, but the court may accept a majority verdict in all cases.