Cameron Miranda
Civil cases differ from criminal cases in several ways, including the number of jurors required to reach a verdict. In civil cases, a jury is not always required, and the decision can be made by a judge. However, if the plaintiff is seeking monetary damages, the Constitution mandates a jury trial unless both parties waive this right. Petit juries, or trial juries, decide both criminal and civil cases. In civil cases, the jury decides whether the plaintiff has established with evidence that it is more likely than not that the defendant caused them harm and requires compensation.
| Characteristics | Values |
|---|---|
| Who can decide a civil case trial | A judge or a jury |
| When a jury is required | When the plaintiff is seeking money damages of more than $20 |
| Jury size | 6-12 people |
| Jury unanimity | Not required |
| Number of peremptory challenges | 6 per side |
| Verdict | In favor of the defendant or plaintiff |
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What You'll Learn
The plaintiff must prove their case with evidence
In civil cases, the plaintiff must prove their case with evidence. This is known as the "burden of proof", and it is the responsibility of the plaintiff's attorney to present their case by calling witnesses to testify, as well as presenting any relevant documents or other tangible items as evidence. The plaintiff's attorney will usually begin by conducting a direct examination of a witness, after which the defendant's attorney can cross-examine the witness, challenging their overall credibility or the clarity of their observations. If the defence cross-examines a witness, the plaintiff's attorney has the opportunity to conduct a re-examination to address any flaws exposed by the cross-examination.
The plaintiff's attorney will also present their theory of the case in their opening statement, explaining the conclusion they want the judge or jury to reach and outlining the evidence that will be used to support their case. The standard of proof in civil cases is lower than in criminal cases because no party's freedom is at stake. In civil cases, the plaintiff must prove that it is "more likely than not" that the defendant caused them harm and that they require appropriate compensation. This is known as the preponderance of the evidence.
In some cases, the plaintiff may seek money damages, and if the amount exceeds $20, the Constitution requires a jury trial unless both parties waive this right. In these cases, the plaintiff must provide evidence to the jury, and the jury will decide whether the plaintiff has established with evidence that it is more likely than not that the defendant caused them harm. It is important to note that jurors should understand that the pleadings, which include the plaintiff's complaint and the defendant's answer, are not evidence but rather the written contentions of the parties.
The jury's decision in civil cases does not need to be unanimous, and in some jurisdictions, only 10 out of 12 jurors need to reach the same decision to render a result. Once the jury has finished its deliberations, they will issue a verdict. If the jury cannot reach a decision, the court may dismiss the case or order a new trial.
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Jury unanimity isn't required
In civil cases, a jury is not always necessary. For example, if the plaintiff is seeking an injunction or another type of non-monetary remedy, a jury is usually not required. However, if the plaintiff is seeking money damages of more than $20, the Constitution requires a jury trial unless both parties waive this right.
The jury in a civil case is tasked with deciding whether the plaintiff has established with evidence that it is more likely than not that the defendant caused them harm and thus requires appropriate compensation. This is a much lower standard of proof than in a criminal trial, where the government must prove beyond a reasonable doubt that the defendant committed the crime.
Jury unanimity is not required in civil cases. In other words, the jury does not need to reach a unanimous decision for a verdict to be reached. Instead, only a certain number of jurors need to agree on the same decision. In most cases, 10 out of 12 jurors must reach the same conclusion for a verdict to be rendered. This is in contrast to criminal cases, where the decision must be unanimous.
Each side in a civil case has the opportunity to make closing arguments, summarizing their key points and highlighting any flaws in their opponent's arguments. After receiving jury instructions, the jury will deliberate and issue a verdict. If the jury cannot reach a decision, the court will either dismiss the case or order a new trial. It is rare for a jury in a civil case to be unable to reach a verdict.
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Jury selection
Once the voir dire process is complete, the selected jurors are impanelled. The role of these jurors is to listen to the evidence conscientiously and refrain from drawing premature conclusions. While the jury is responsible for determining the facts of the case, they must obey the judge's instructions on the applicable law. Jury unanimity is not required in civil cases, and a decision can be reached with the agreement of three-fourths or five-sixths of the jurors. In some jurisdictions, the standard jury size in civil cases is six, which can be increased by stipulation of both parties. Alternate jurors may be selected to replace jurors who become unable to continue during the trial.
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Jury instructions
In civil cases, the jury instructions are crafted to ensure clarity and conciseness, using simple and understandable language. Attorneys play a crucial role in proposing instructions, which are then approved or modified by the judge. These instructions should be brief, non-repetitive, and relevant to the specific details of the case at hand. They outline the laws governing the case and guide the jury on applying those laws to the facts presented.
The process of preparing jury instructions early is beneficial as it helps lawyers formulate their structure and strategy. It allows attorneys to shape their case strategy, case valuation, and the presentation of evidence to align with the desired instructions. In certain jurisdictions, such as Virginia, there are requirements for parties to furnish the court with appropriate instructions that reflect their theories of the case.
It is important to note that civil cases have different requirements for jury unanimity compared to criminal cases. In civil cases, jury unanimity is not mandatory, and a decision can be reached with as few as 10 out of 12 jurors agreeing on the same outcome.
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Civil cases with multiple defendants
In civil cases, the party filing a lawsuit is called the plaintiff, and the party against whom the lawsuit is filed is called the defendant. There may be multiple plaintiffs or defendants in a civil case. For example, in civil cases against physicians, the plaintiff (patient or representative) usually sues the physician, but the litigation can become more complex and involve multiple parties and claims. In such cases, the plaintiff may commence an action against several defendants, such as a physician, hospital, and other healthcare professionals employed by the hospital.
In cases with multiple defendants, each defendant's written answer may contain a counterclaim, which is a complaint the defendant has against the plaintiff, usually concerning the same matter. These counterclaims are called cross-claims. If there is more than one defendant, and the defendants make claims against each other, these are also called cross-claims. All of these papers—a complaint, answer, counterclaim, and cross-claim—are called pleadings and are exchanged between the parties before the actual trial begins.
The rules of civil procedure in Canadian jurisdictions provide mechanisms to debate issues between defendants already named in an action and third-party claims when a defendant wishes to claim against someone not already named in the action. In Ontario, if a limitation period against a person has expired, a plaintiff cannot pursue an action against that person by adding them as a defendant to an existing proceeding.
In the United States, the decision to combine trials (also known as joinder) for multiple defendants is made by a judge on a case-by-case basis. Joinders are generally granted when multiple defendants share responsibility, and the plaintiff will be paid the full amount awarded, with the defendants engaging in indemnification or contribution later. However, a defendant can request a judge to sever a joint trial if proceeding jointly would jeopardize their right to a fair trial. For example, if the prosecution submits certain evidence against only one defendant that may prejudice the other defendant by inflaming the emotions of the jury, a judge may decide to sever the trial.
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Frequently asked questions
Civil cases can be decided by either a judge or a jury. Petit juries, also known as trial juries, decide both criminal and civil cases.
In a civil case, the party filing a lawsuit is called the plaintiff, and the party against whom the lawsuit is filed is called the defendant. In criminal cases, the defendant is the person accused of breaking the law.
In a civil case, a petit jury decides whether the plaintiff establishes with evidence that it is more likely than not that the defendant injured the plaintiff and requires compensation.
The standard of proof in a civil case is much lower than in a criminal case. The jury decides based on a "preponderance of the evidence", as no party's freedom is at issue.
No, jury unanimity is not required in civil cases. A decision can be rendered if at least 10 out of 12 jurors reach the same decision.
