Legal Definitions - in modum juratae

In modum juratae is a Latin legal phrase meaning in the manner or form of a jury.

It describes a situation where a group of individuals, though not a formal courtroom jury, functions in a similar capacity. This typically involves a collective body tasked with impartially reviewing facts, weighing evidence, hearing different perspectives, and making a decision or recommendation based on their findings, much like a jury determines facts in a legal trial.

• Example 1: Internal Corporate Investigation

  Imagine a large corporation facing allegations of workplace misconduct. Instead of immediately firing the accused, the company forms an independent committee comprising senior human resources personnel and a neutral external consultant. This committee is tasked with interviewing witnesses, reviewing internal communications, and assessing company policies to determine the validity of the claims and recommend appropriate action.

  This committee operates in modum juratae because it acts as a fact-finding body. It gathers and evaluates evidence, listens to various accounts, deliberates collectively, and ultimately reaches a conclusion or recommendation based on the information presented, mirroring the investigative and decision-making role of a jury.

• Example 2: Academic Peer Review Panel

  Consider a university department evaluating a professor for tenure. A special panel of senior faculty members is assembled. This panel meticulously reviews the candidate's teaching evaluations, research publications, student mentorship records, and service contributions. They then meet to discuss the evidence, debate the merits of the application, and vote on whether to recommend tenure to the university administration.

  This panel functions in modum juratae as it collectively assesses a comprehensive body of evidence, engages in deliberation, and makes a critical decision based on established criteria, much like a jury weighs evidence to arrive at a verdict.

• Example 3: Professional Licensing Board Hearing

  A state medical board receives a complaint against a physician regarding a potential violation of professional ethics. The board convenes a small panel of experienced doctors and legal professionals to conduct a hearing. During the hearing, both the complainant and the accused physician present their cases, offer testimony, and submit supporting documents. The panel then retires to deliberate and decide whether the physician's license should be suspended or revoked.

  This panel operates in modum juratae because it serves as an impartial body to hear evidence, consider arguments from opposing sides, and make a binding decision regarding the professional conduct of an individual, similar to how a jury determines guilt or innocence in a courtroom.