Keith Mack
The presence of a jury in a civil law case depends on the type of case and the jurisdiction. In the United States, for example, the Seventh Amendment guarantees the right to a jury trial in civil cases, but this right can be waived if not demanded. The number of jurors varies, with civil trials typically requiring eight jurors, while criminal cases require 12 to 14 jurors. In civil cases, the jury decides whether the plaintiff has provided sufficient evidence to prove that the defendant caused them harm and is liable for compensation. The jury's verdict need not be unanimous, and a majority decision is acceptable.
| Characteristics | Values |
|---|---|
| Number of jurors | 8 in civil trials, 14 in criminal cases |
| Jury unanimity | Not required in civil cases |
| Jury verdict | Guilty/not guilty in a criminal case, in favor of defendant or plaintiff in a civil case |
| Jury instructions | Prepared by attorneys, approved or modified by the judge |
| Jury selection | Random selection of the population |
| Jury challenges | Each side has 6 peremptory challenges in civil cases |
| Jury trials | Available for defamation, false imprisonment, malicious prosecution or seduction unless the court orders otherwise |
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What You'll Learn
In most civil trials, there are eight jurors
In civil cases, the jury's role is to decide whether the plaintiff has established with evidence that it is more likely than not that the defendant caused them harm and requires appropriate compensation. This is a lower standard of proof compared to criminal cases, as no party's freedom is at stake in civil matters. During the trial, each side has the right to make a limited number of challenges without cause when no bias is apparent, and constitutional restrictions apply to these challenges. For example, a party cannot exclude a juror based on their race or gender.
The plaintiff in a civil case has the burden of proof, so their attorney will present their case first by calling witnesses and presenting relevant documents or other tangible items. After the plaintiff's attorney conducts a direct examination of a witness, the defendant's attorney can cross-examine the same witness. Nearing the end of the trial, each side can make closing arguments to highlight key points for the jury to remember and guide their deliberations. The jury will then deliberate in private and issue a verdict.
It is important to note that not every case is eligible for a jury trial. In the United States, for example, there is no right to a jury trial in family law actions that do not involve the termination of parental rights, such as divorce and custody modifications. However, some states, like Texas, provide broader jury trial rights, including the right to a jury trial on questions of child custody. Additionally, in civil cases, a special verdict can be given, but a unanimous verdict is not always required, and a majority decision may be sufficient to reach a verdict.
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A unanimous verdict is not required in civil cases
In civil cases, a unanimous verdict is not required. This means that the jury's decision does not have to be unanimous for a verdict to be reached. In most civil trials, eight jurors are seated to allow for alternates. The plaintiff has the burden of proof in civil cases and will present their case first by calling witnesses to testify and presenting relevant documents or items.
The jury then receives instructions to guide their deliberations, which are conducted in private. These instructions are proposed by the attorneys and describe the law governing the case, as well as how the jury should apply the law to the facts. The judge can approve or modify these instructions as needed.
In a civil case, the jury decides whether the plaintiff has established with evidence that it is more likely than not that the defendant injured the plaintiff and requires appropriate compensation. This is a lower standard of proof than in a criminal trial, as no party's freedom is at stake.
The specific number of jurors required to reach a verdict varies depending on the jurisdiction. For example, in the Republic of Ireland, a verdict in a civil case can be reached by a majority of nine out of twelve jurors. In the United States, civil cases typically require a majority of ten out of twelve jurors to reach a verdict.
It is important to note that not every case is eligible for a jury trial. For instance, in most U.S. states, there is no right to a jury trial in family law actions that do not involve the termination of parental rights, such as divorce or custody modifications.
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Jury unanimity is not needed in civil cases
In civil cases, the plaintiff has the burden of proof, so their attorney will start by presenting their case. This involves calling witnesses to testify on their behalf, as well as presenting any relevant documents or other tangible items. The defendant's attorney then cross-examines the witness. Each side has the right to make a limited number of challenges without cause when no bias is apparent. However, there are constitutional restrictions on these challenges, and a party cannot exclude a juror based on their race or gender.
In civil cases, jury unanimity is not required. Once the jury has finished their deliberations, they will issue a verdict. If the jury cannot reach a decision, the court will either dismiss the case or set up a new trial. The party who loses at trial has the right to appeal the decision to a higher court, although an appeals court will not consider new evidence or hear witness testimony.
The Sixth Amendment grants a defendant the right to a jury from the area and to a unanimous verdict in criminal cases. However, this does not extend to civil cases. Twenty-seven states allow non-unanimous verdicts for civil trials, and the required number of jurors agreeing on the verdict depends on the total number of jurors. For example, if there are six people on a jury, at least five must render a verdict, while a jury of 12 requires at least nine agreeing.
In some cases, the court and jury may reach contradictory findings, as seen in simultaneous trials involving the Federal Tort Claims Act. Additionally, the Seventh Amendment grants litigants the right to a jury in a federal civil trial where the amount at issue exceeds $20. However, this amount was considered vast in 1787, and most federal civil cases today involve civil rights violations or First Amendment rights violations, rather than large sums of money.
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Civil cases have a lower standard of proof than criminal cases
In a criminal case, the burden of proof lies with the prosecution, which means they must prove the defendant's guilt beyond a reasonable doubt. This is a more stringent standard than the burden of proof in a civil case, where the plaintiff only needs to prove their case by a preponderance of evidence. The prosecution in a criminal case must provide enough evidence to prove beyond a reasonable doubt that the accused committed the alleged crime. This is because the consequences of a criminal conviction are severe, including the possibility of imprisonment, fines, or other penalties, as well as the loss of freedom or even life.
On the other hand, civil cases typically involve claims for compensation or restitution, and the plaintiff is required to show a preponderance of evidence, indicating that it is more likely than not that the defendant's actions led to their damages. In other words, the evidence for the plaintiff's claim only needs to be slightly more convincing than the opposing evidence, with a margin of 50.1% in favour being enough to constitute a preponderance. This lower standard of proof in civil cases acts as a gatekeeper, preventing cases from proceeding on flimsy claims while still allowing plaintiffs to seek justice for civil wrongs such as breach of contract or negligence resulting in injury.
The number of jurors also differs between criminal and civil cases. In most civil trials, there are eight jurors, while criminal cases typically have 14 jurors. This difference in jury size is likely due to the varying standards of proof required in each type of case. In civil cases, where the standard of proof is lower, fewer jurors are needed to reach a decision.
The right to a jury trial is also treated differently in civil and criminal cases. In civil cases, the right to a jury trial can be waived if both parties agree. However, in criminal cases, the defendant has the right to waive their right to a grand jury, in which case the offense charged may be brought directly to court for a trial by a jury.
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The plaintiff has the burden of proof in 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. The plaintiff has the burden of proof in civil cases, which means they must convince the jury that the facts are as presented and that there are grounds for the case. The plaintiff's attorney will start by presenting their case, calling witnesses to testify on their behalf, and presenting any relevant documents or other tangible items as evidence.
The burden of proof in civil litigation is lower for plaintiffs than for prosecutors in a criminal case. A prosecutor has to prove a case against a defendant beyond a reasonable doubt, whereas in a civil case, the standard is "a preponderance of the evidence". This requires the jury to return a judgment in favor of the plaintiff if the plaintiff can show that a particular fact or event was more likely than not to have occurred. Some scholars define this as requiring at least 51% of the evidence to favor the plaintiff's position. In some civil cases, the standard of proof is elevated to a higher standard called "clear and convincing evidence", which requires the plaintiff to prove that a particular fact is substantially more likely than not to be true.
After the plaintiff presents their case, the burden of production shifts to the defendant, who has the opportunity to provide evidence either rebutting the plaintiff's evidence or supporting their own arguments. The defendant's attorney can conduct a cross-examination of the witness after the plaintiff's attorney has finished their direct examination. Once the plaintiff has met the burden of production, they must meet the burden of persuasion, which involves presenting enough evidence to meet the standard of proof.
In a civil case, either a judge or a jury can decide the trial. The number of jurors varies depending on the type of case, with civil trials usually having eight jurors and criminal cases having 14, in both cases allowing for alternate jurors. The jury then receives instructions to guide their deliberations, which are prepared by the attorneys and approved or modified by the judge. Jury unanimity is not required in civil cases, and if the jury cannot reach a decision, the court will either dismiss the case or set up a new trial.
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Frequently asked questions
Yes, juries can be present in civil cases. In the United States, the Seventh Amendment recognizes the right to a trial by jury.
In criminal cases, there are usually 14 jurors, while civil trials usually have eight jurors. This is to allow for alternate jurors in both cases. Additionally, in criminal cases, the jury's decision must be unanimous, whereas in civil cases, a majority verdict may be accepted.
The jury in a civil case decides whether the plaintiff has established with evidence that it is more likely than not that the defendant injured the plaintiff and requires compensation.
If the jury cannot reach a decision, which is rare, the court will either dismiss the case or set up a new trial.
The jury pool is randomly selected from the population, excluding certain people for whom serving on a jury would be a significant hardship. The judge and attorneys will then question the prospective jurors to determine if they can act fairly and impartially. Each side can also exercise a limited number of peremptory challenges to excuse jurors without giving a reason.
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