The Nuts and Bolts of a Civil Jury Trial
In Civil Litigation matters the parties have a right to a jury trial as opposed to family law and probate matters which proceed by a bench trial. A jury trial is different from a bench trial in that the ultimate issues of fact are decided by the jury instead of a judge. When you are involved in a civil litigation matter which proceeds to a jury trial there are several distinct stages of the process which will influence the outcome of the jury trial.
Understanding Jury Instructions
Prior to the trial attorneys for both sides will research the law and locate applicable jury instructions that they want the judge to read to the jury. These instructions may be offered to explain the burden of proof (Beyond a Reasonable Doubt – Clear and Convincing Evidence – Preponderance of the Evidence) to the jurors who will be applying these instructions to the facts of the case which they hear during the trial. Other instructions will be on the applicable legal issue such as the law of self defense or a particular real estate law or any other legal issue which the jury may need an explanation. The jury will apply only the laws as indicated in the jury instructions to the facts of the case in order to decide the outcome. Ultimately the Judge will decide which jury instructions will be read to the jury and whether those instructions will be given at the beginning or end of the trial. It is important to ensure that you have an attorney on your side who understands the significance of the process of selection of jury instructions and knows how to prepare those instructions that will further your legal position. To achieve a positive outcome, you need an attorney familiar with this phase of the jury trial process.
Understanding Jury Selection
The jury selection process is the phase of trial in which your attorney will interview/question potential jurors in the courtroom regarding topics that are applicable to the legal issues in question. The questioning will be designed to determine if any potential juror has an unacceptable bias about issues that are important to your case or has personal experiences or knowledge of circumstances which would be problematic for the juror to serve impartially on your jury. Each side will be given an opportunity to question the potential jurors and to make challenges for cause and/or peremptory challenges to remove certain jurors. Once both sides have had an opportunity to question the potential jurors and make any applicable challenges the judge will empanel the jury. The jury selection process is crucial, and we will approach this process in a professional manner based upon on our knowledge and experience.
Understanding Jury Deliberation
Once each side has presented all their evidence the judge will instruct the jury to deliberate and decide the outcome of the case. In the juror deliberation room, each member of the jury will be asked to provide their verdict on each of the legal issues based upon the facts shown at trial and the jury instructions provided to them by the judge. Once a sufficient number of jurors agree the juror foreman will certify their verdict.
Have Questions On A Civil Jury Trial in Los Angeles or Orange County County?
Long Beach Law Office
Address: 444 W Ocean Blvd #800, Long Beach, CA 90802,
Phone: 714-943-2336
Email: sam@attorneysamwalker.com
Newport Beach Law Office
Address: 444 W Ocean Blvd #800, Long Beach, CA 90802,
Phone: 714-943-2336
Email: sam@attorneysamwalker.com
