Legal Definitions - traverse jury

A traverse jury is another name for a petit jury. It refers to the group of ordinary citizens selected to hear evidence and determine the facts in a legal case, ultimately rendering a verdict. This type of jury is distinct from a grand jury, which decides whether there is enough evidence to bring criminal charges.

The primary role of a traverse jury is to listen to testimony, examine evidence presented by both sides, and apply the law as instructed by the judge to the facts they find. Based on their findings, they deliver a verdict, which can be either guilty or not guilty in a criminal case, or liable or not liable (and determine damages) in a civil case.

• Example 1 (Criminal Case): Imagine a case where a person is accused of shoplifting. Twelve citizens are chosen to serve as the traverse jury. They sit through the trial, listening to witnesses from the prosecution and the defense, examining security footage, and reviewing store receipts. After all evidence is presented and the judge explains the relevant laws regarding theft, the traverse jury deliberates privately. They must decide whether the prosecution has proven beyond a reasonable doubt that the defendant committed the shoplifting. Their final decision, whether "guilty" or "not guilty," is their verdict.

  This illustrates a traverse jury because these twelve citizens are responsible for hearing the evidence and deciding the factual question of guilt or innocence in a criminal matter.

• Example 2 (Civil Case - Personal Injury): Consider a lawsuit where a pedestrian is suing a driver for injuries sustained in a car accident, claiming the driver was negligent. A traverse jury, typically composed of six to twelve individuals, is selected for this civil trial. They hear testimony from the pedestrian, the driver, accident reconstruction experts, and medical professionals. They review police reports and medical records. The judge instructs them on the legal definition of negligence. The traverse jury then deliberates to determine two main things: first, whether the driver was negligent and caused the pedestrian's injuries, and second, if so, what amount of monetary damages should be awarded to the pedestrian to compensate for medical bills, lost wages, and pain and suffering.

  This demonstrates a traverse jury's role in a civil context, where they determine liability (who is at fault) and the extent of damages based on the facts presented.

• Example 3 (Civil Case - Contract Dispute): A small business owner sues a supplier, alleging that the supplier breached a contract by delivering substandard materials, causing significant financial loss. A traverse jury is impaneled to hear this complex commercial dispute. They listen to arguments from both legal teams, examine the contract itself, review emails and other communications between the parties, and hear from expert witnesses regarding the quality of the materials and the financial impact on the business. The judge provides instructions on contract law and what constitutes a breach. The traverse jury's task is to decide whether a breach of contract occurred, who was responsible, and if so, what financial compensation is appropriate for the business owner.

  Here, the traverse jury is tasked with resolving factual disputes within a contract law framework, determining whether an agreement was broken and what the consequences should be.