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Petit Juror
In common law, a petit jury (or trial jury; pronounced or , depending on the jurisdiction) hears the evidence in a trial as presented by both the plaintiff (petitioner) and the defendant (respondent). After hearing the evidence and often jury instructions from the judge, the group retires for 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 jury that is unable to come to a verdict is referred to as a hung jury. 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and Rehabilitation (penology), rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from Civil law (common law), civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or Rehabilitation (penology), rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the Criminal, offender. History The first Civilization, civilizations generally did not distinguish between Civil law (area), civil law and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts By Type
A court is an institution, often a government entity, with the authority to adjudicate legal disputes between parties and administer justice in civil, criminal, and administrative matters in accordance with the rule of law. Courts generally consist of judges or other judicial officers, and are usually established and dissolved through legislation enacted by a legislature. Courts may also be established by constitution or an equivalent constituting instrument. The practical authority given to the court is known as its jurisdiction, which describes the court's power to decide certain kinds of questions, or petitions put to it. There are various kinds of courts, including trial courts, appellate courts, administrative courts, international courts, and tribunals. Description A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury
A jury is a sworn body of people (jurors) convened to hear evidence, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Most trial juries are "petit juries", and consist of up to 15 people. A larger jury known as a grand jury has been used to investigate potential crimes and render indictments against suspects, and consists of between 16 and 23 jurors. The jury system developed in England during the Middle Ages and is a hallmark of the English common law system. Juries are commonly used in countries whose legal systems derive from the British Empire, such as the United Kingdom, the United States, Canada, Australia, and Republic of Ireland, Ireland. They are not used in most other countries, whose legal systems are based upon European Civil law (legal system), civil law or Islamic sharia, sharia law, although their use has been spreading. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grand Jury
A grand jury is a jury empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand jury is separate from the courts, which do not preside over its functioning. Originating in England during the Middle Ages, modern examples include grand juries in the United States, and to a lesser extent, Liberia. In Japan, there are citizen Prosecutorial Review Committees which review cases that have been dropped by the prosecution, but they are not required for an indictment like in the previous two. Grand juries perform both accusatory and investigatory functions. The investigatory functions of grand juries include obtaining and reviewing documents and other evidence, and hearing sworn testimonies of witnesses who appear before it; the accusatory function determines whether there is probable cause to believe that one or more persons co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Coroner's Jury
A coroner's jury is a body convened to assist a coroner in an inquest, that is, in determining the identity of a deceased person and the cause of death. The laws on its role and function vary by jurisdiction. United Kingdom In England and Wales, all inquests were once conducted with a jury. They acted somewhat like a grand jury, determining whether a person should be committed to trial in connection to a death. Such a jury was made up of up to twenty-three men, and required the votes of twelve to render a decision. Similar to a grand jury, a coroner's jury merely accused, it did not convict. There are no coroners in Scotland, which has its own legal system. The Scottish equivalent of an inquest is a Fatal Accident Inquiry, held where there is a sudden, suspicious, accidental, or unexplained death, which is ordered by a Procurator Fiscal and presided over by a Sheriff without a jury. Since 1927, coroner's juries have rarely been used in England. Under the Coroners Act 1988, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (common Law)
Civil law is a major "branch of the law", in common law legal systems such as those in England and Wales and in the United States, where it stands in contrast to criminal law. Glanville Williams. '' Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2.W J Stewart and Robert Burgess. ''Collins Dictionary of Law''. HarperCollins Publishers. 1996. . Page 68. Definition 4 of "civil law". Private law, which relates to civil wrongs and quasi-contracts, is part of civil law, as is contract law and law of property (excluding property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons ( natural persons and legal persons) amongst themselves is the primary concern of civil law. The common law is today as fertile a source for theoretical inquiry as it has ever been. Around the English-speaking world, many scholars of law, philosophy, politics, and history study the t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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. A hung jury may result in the case being tried again. This situation can occur only in common law legal systems. Civil law systems either do not use juries at all or provide that the defendant is immediately acquitted if the majority or supermajority required for conviction is not reached during a singular, solemn vote. Australia Majority (or supermajority verdicts) are in force in South Australia, Tasmania, Western Australia, the Northern Territory, Victoria, New South Wales, and Queensland. Australian Capital Territory and Commonwealth courts require unanimous verdicts in criminal (but not civil) trials. Canada In Canada, the jury must reach a unanimous decision on criminal cases. If the jury cannot reach a unanimous decision, a hung jury is declared. A new panel of jurors will be selecte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence
Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what Justification (epistemology), justifies beliefs or what makes it rational to hold a certain wikt:doxastic, doxastic attitude. For example, a perceptual experience of a tree may serve as evidence to justify the belief that there is a tree. In this role, evidence is usually understood as a private mental state. In Phenomenology (philosophy), phenomenology, evidence is limited to intuitive knowledge, often associated with the controversial assumption that it provides indubitable access to truth. In the science, scientific evidence is information gained through the scientific method that confirms or disconfirms Hypothesis#Scientific hypothesis, scientific hypotheses, acting as a neutral arbiter between competing Scientific theory, theories. Mea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supermajority
A supermajority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of one-half used for a simple majority. Supermajority rules in a democracy can help to prevent a majority from eroding fundamental rights of a minority, but can also hamper efforts to respond to problems and encourage corrupt compromises at times when action is taken. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature. In consensus democracy the supermajority rule is applied in most cases. __TOC__ History The first known use of a supermajority rule was in juries during the 100s BC in ancient Rome. In some cases, two thirds of jurors had to confirm they were ready to take a decision before the matter went to a simple majority vote. Pope Alexander III introduced the use of supermajority rule for papal elections at the Third Lateran Council in 1179. In the Democratic Party of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deliberation
Deliberation is a process of thoughtfully weighing options, for example prior to voting. Deliberation emphasizes the use of logic and reason as opposed to power-struggle, creativity, or dialogue. Group decision-making, Group decisions are generally made after deliberation through a vote or Consensus decision-making, consensus of those involved. In legal settings a jury famously uses deliberation because it is given specific options, like guilty or not guilty, along with information and arguments to evaluate. In "deliberative democracy", the aim is for both elected officials and the general public to use deliberation rather than power-struggle as the basis for their vote. Individual deliberation is also a description of day-to-day rationality, rational decision-making, and as such is an epistemic virtue. Trial juries In countries with a jury system, the jury's deliberation in criminal matters can involve both rendering a verdict and determining the appropriate Sentence (law), se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
