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Petit Juror
In common law, a petit jury (or trial jury) 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 twelve jurors. Juries are almost never used in c ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral 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 of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or 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 offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ...
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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 R ...
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Courts By Type
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, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the co ...
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Jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Juries developed in England during the Middle Ages and are a hallmark of the English common law system. As such, they are used by the United Kingdom, the United States, Canada, Ireland, Australia, and other countries whose legal systems were derived from the British Empire. But most other countries use variations of the European Civil law (legal system), civil law or Islamic sharia, sharia law systems, in which juries are not generally used. Most trial juries are "petit juries", and usually consist of twelve people. Historically, a larger jury known as a grand jury was used to investigate potential crimes and render indictments against suspects. All common law countries except the United States and Liberia hav ...
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Grand Jury
A grand jury is a jury—a group of citizens—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, grand juries are only retained in two countries, the United States and Liberia. Other common law jurisdictions formerly employed them, and most others now employ a different procedure that does not involve a jury: a preliminary hearing. 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 committed a particula ...
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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, a j ...
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Civil Law (common Law)
Civil law is a major branch of the law. Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non- criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than 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. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil procee ...
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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. This situation can occur only in common law legal systems, because 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 single, 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 b ...
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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, evidence is what justifies beliefs or what makes it rational to hold a certain doxastic attitude. For example, a perceptual experience of a tree may act as evidence that justifies the belief that there is a tree. In this role, evidence is usually understood as a private mental state. Important topics in this field include the questions of what the nature of these mental states is, for example, whether they have to be propositional, and whether misleading mental states can still qualify as evidence. In phenomenology, evidence is understood in a similar sense. Here, however, it is limited to intuitive knowledge that provides immediate access to truth and is therefore indubitable. In this role, it is supposed to provide ultimate justifications for ...
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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 rules in a democracy can help to prevent a majority from eroding fundamental rights of a minority, but they can also hamper efforts to respond to problems and encourage corrupt compromises in the times action is taken. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature. Parliamentary procedure requires that any action of a deliberative assembly that may alter the rights of a minority have a supermajority requirement, such as a two-thirds vote. Related concepts regarding alternatives to the majority vote requirement include a majority of the entire membership and a majority of the fixed membership. A supermajority can also be specified based on the entire membership or f ...
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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 through a vote or 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. 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. In civil cases, the jury decision is whether to agree with the plaintiff or the defendant and rendering a resolution binding actions by the parties based on the results of the trial. Typically ...
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