In common law, a petit jury (or trial jury) hears the

evidence Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidenc ...

in a

trial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, ...

as presented by both the plaintiff (petitioner) and the

defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdic ...

(respondent). After hearing the evidence and often

jury instructions Jury instructions, directions to the jury, or judge's charge are legal rules that jurors should follow when deciding a case. They are a type of jury control procedure to support a fair trial. Description Jury instructions are the set of legal ...

from the

judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility ...

, the group retires for

deliberation Deliberation is a process of thoughtfully weighing options, usually prior to voting. Deliberation emphasizes the use of logic and reason as opposed to power-struggle, creativity, or dialogue. Group decisions are generally made after deliberation ...

, to consider a verdict. The majority required for a verdict varies. In some cases it must be unanimous, while in other jurisdictions it may be a majority or

supermajority A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority ru ...

. A jury that is unable to come to a verdict is referred to as a

hung jury A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung jury usually results in the case being tried again. T ...

. The size of the jury varies; in criminal cases involving serious felonies there are usually 12 jurors, although Scotland uses 15. A number of countries that are not in the English common law tradition have quasi-juries on which lay judges or jurors and professional judges deliberate together regarding criminal cases. However, the common law trial jury is the most common type of jury system. In civil cases many trials require fewer than twelve jurors. Juries are almost never used in civil cases outside the United States and Canada. Other states with a common law tradition sometimes use them in defamation cases, in cases involving a governmental eminent domain power, and in cases involving alleged wrongful conviction. Civil law countries generally do not use civil juries. Civil juries are available in the United States and Canada in almost all cases where the only remedy sought is money damages.

References

{{US-law-stub Courts by type Criminal procedure Juries Local government

See also

References