legal / the role of the jury in a civil trial

unanimous verdict

a jury vote or decision where all the jury members are in agreement and decide the same way (eg they all agree the defendent is liable)

majority verdict

a jury vote or decision where all but one of the members of the jury agree with the decision. (in a civil trial, this means 5 out of the 6 jurors are in agreement.)

when is a jury used in civil trials?

in the magistrates court, and in appeal cases, there is no jury. in the county court and the supreme court, a jury is optional. if either party wants a jury, they must request a jury trial. it is also possible for the judge to require a jury for a civil trial. if this is the case, the state pays for the jury.

composition of a civil trial

there are six jurors in a civil jury in the county court and the supreme court. each juror is randomly selected from the victorian electoral roll. up to two extra jurors can be selected.

role of a civil jury

is to consider the facts of the case and to decide who is most likely to be in the wrong. the jurys decisio is made on the balance of probabilities.

role of a civil jury, continued

a civil jury may also be required to decide on the amount of damages to be awarded. in defamation cases, only a judge can decide the amount of damages. jurors are not required to give reasons for their decision.

role of a civil jury, furthermore

penalties apply to jurors who make enquiries for the purposes of obtaining information about anything related to the trial. juries are seen to ensure that justice is adminstered in line with community standards.

role of a civil jury, final

the jury system aims to uphold equality and impartially. it does this by seeking to ensure that jury members have no knowledge of a party of a witness, have no biases or preconceived notions, and make a decision based on facts.