U2 AOS2 - Juries in a Civil Trial

Question 1

What is a jury?

Answer 1

• A group of randomly selected people who are required to deliver a verdict in a trial based on the evidence presented to them in court.

Question 2

When are juries used?

Answer 2

• Unlike criminal law, there is no automatic right to a trial by jury in a civil trial
• No jury is used in the Magistrates Court or in appeal cases
• A jury is optional in the county and Supreme Court (Trial Division), and the party who has requested a jury trial must pay the associated fees. The judge can deny this request
• A judge may order that a jury is required in a civil trial. In this case, the state pays for the jury

Question 3

What percentage of cases end up using a jury?

Answer 3

• Due to the complexity of legal issues and high fees, only 2% of civil cases use a jury

Question 4

Jury composition

Answer 4

• Governed by the Juries Act 2000 (Vic)
• Potential jurors are randomly selected from the Victorian electoral roll
• Those selected must first fill out an eligibility form
• If eligible, potential jurors attend court on a particular day and form part of the jury pool
• In the County and Supreme Court (Trial Division), 6 people are chosen to officially sit on a jury
• On the dial selection, jurors’ names and occupations are announced. As a juror approaches the jury box, each party can challenge the prospective juror
  
  • Both parties have two peremptory challenges, where no reason provided
  • Both parties have an unlimited number of challenges for a cause, where reason must be provided

Question 5

Role of the jury

Answer 5

• Objectively listen to evidence and consider the facts of the case
• Follow the directions of the judge regarding the relevant law
• Decide who is more likely in the wrong on the balance of probabilities (deliver verdict)
• Possibly assess the amount of damages, except in defamation

Question 6

Not part of the jury’s role

Answer 6

• Jury members are disallowed from obtaining external information about the trial. For example, conducting Internet research
• Jury members are not required to provide reasons for their decision, unlike judges and magistrates

Question 7

Disqualified

Answer 7

• Convicted of an indictable offence and sentenced to three or more years imprisonment
• Sentenced to three or more months imprisonment within the last ten years
• Currently on bail or remand
• Undischarged bankrupts

Question 8

Ineligible

Answer 8

• Judges, Magistrates, lawyers, police officers, members of Parliament
• Unable to communicate, insufficient English, physical disability that renders them incapable of performing jury service

Question 9

Excused

Answer 9

• Poor health, live more than 50km away, advanced age, financial hardship, carers with dependents, unable to be impartial