Unit 3 AOS 2 Civil law - 3.2.6 Role of the Jury Flashcards

1
Q

5 Roles of the jury

A
  1. Independant and unbiased
  2. Remeber all evidence presented
  3. Understand directions and summing up from the judge
  4. Determine liability
  5. Determine damages (except in defemation)
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2
Q

Similarities between civil and criminal juries (3)

A
  1. Remain impartial
  2. Listent to and remember evidence
  3. Comply with obligations
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3
Q

Differences between civil and criminal juries (2)

A
  1. Criminal jury determines guilt whereas civil determines liability
  2. Criminal jury never determines sanctions, whereas a civil jury may determine damages
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4
Q

Strength of civil jury: Impartialtiy

A

Jurors are randomly selected from the electoral role - no dominating bias

Includes the general public, enhances public understanding

Diverse juries reflect a range of societal values

Upholds fairness

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5
Q

Weakness of civil jury: Bias

A

Unconscious bias due to a lack of diversity/unavailability

Difficulty understanding legal principles means they may hold prejudice against a party

Limits fairness and access

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6
Q

Strength of civil jury: Collective decision making

A

Deliberations can mitigate individual biases

Focus on the facts of the case

Reduces influence of bias, upholding fairness

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7
Q

Weakness of Juries: Lack of Legal knowledge

A

Jurors may not always understand legal directions

Do not always possess extensive knowledge of the legal system

Need more time to reach a decision

Increases delays, reducing access and equality

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