the role of the jury in a civil trial

Question 1

when is a jury used in civil trials?

Answer 1

• there is no automatic right to a jury
• in the magistrates court, and in appeal cases, there is no jury
• in the county and supreme court, jury is optional

Question 2

what happens when either party wants a jury?

Answer 2

• they must request a jury trial
• the party who has requested a jury trial must pay the fees associated with having a jury

Question 3

what happens when a judge requests a jury?

Answer 3

• is possible for the judge to require a jury
• therefore the state pays for the jury
• not common for a judge to request a jury

Question 4

composition of a jury in a civil trial

Answer 4

• comprise of 6 jurors, randomly selected from the electoral roll
• up to 2 extra jurors can be selected but only 6 jurors are involved in deciding the verdict

Question 5

role of a civil jury

Answer 5

• consider the facts of the case
• decide who is most likely to be in the wrong
• decision is made on the balance of probabilities
• if a unanimous verdict cannot be reached (6 out of 6), then a majority verdict (5 out of 6) will be accepted
• decide on the amount of damages to be awarded, except in defamation cases (only judge can decide)

Question 6

strengths of a civil jury

Answer 6

• juries are independent, impartial and unbiased
• juries allow for community involvement, so community values are upheld
• jurors can only base their decisions on evidence presented in court
• decisions are made by a group, so it relieves the burden on one judge

Question 7

weaknesses of a civil jury

Answer 7

• juries do not give reasons for their verdict, so we cannot be sure they have been fair in their deliberations
• juror’s task is difficult, so some members of the community find it hard to fulfil their role of juror
• jurors can be swayed by skilled and persuasive barristers
• may be biases and prejudices within the group