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Legal Definitions - common jury

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Definition of common jury

A common jury, also known as a petit jury, is a group of ordinary citizens selected to hear evidence in a legal trial and decide the facts of the case. Their primary role is to listen to testimony, examine exhibits, and apply the law (as instructed by the judge) to reach a verdict. Unlike a grand jury, which determines whether criminal charges should be brought, a common jury decides guilt or innocence in criminal cases, or liability and damages in civil cases. These juries typically consist of 6 to 12 members, depending on the jurisdiction and the type of case.

  • Example 1 (Criminal Trial): Imagine a person accused of felony assault. A common jury would be empaneled to hear testimony from the victim, eyewitnesses, police officers, and the accused. They would review forensic evidence and medical reports presented by both the prosecution and the defense. After deliberating, this jury would decide whether the prosecution has proven beyond a reasonable doubt that the accused committed the assault, ultimately delivering a verdict of "guilty" or "not guilty." This illustrates a common jury's role in determining factual guilt in a criminal matter.

  • Example 2 (Civil Trial - Personal Injury): Consider a lawsuit where a bicyclist is suing a delivery truck driver for injuries sustained when the truck allegedly ran a red light. A common jury would listen to medical experts, accident reconstruction specialists, and the accounts of both the bicyclist and the driver. They would then determine if the driver was negligent and, if so, the amount of compensation (damages) the bicyclist should receive for their injuries, medical bills, and lost income. Here, the common jury is responsible for finding fault and assessing financial damages in a civil dispute.

  • Example 3 (Civil Trial - Property Dispute): Suppose two neighbors are in a dispute over the exact boundary line between their properties, leading to a lawsuit over encroachment. A common jury would be tasked with examining property deeds, survey maps, and hearing from land surveyors and the neighbors themselves. Their role would be to decide where the true property line lies and whether one party has indeed trespassed on the other's land, potentially awarding damages or ordering the removal of an encroaching structure. This demonstrates the common jury's function in resolving factual disagreements in civil property matters.

Simple Definition

A common jury is another term for a petit jury, which is the standard jury used in a trial. This jury listens to the evidence presented by both sides in a civil or criminal case and determines the facts, ultimately rendering a verdict.

If we desire respect for the law, we must first make the law respectable.

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