Juries and Magistrates

By Pav, Mark and Emily

Exam Checklist

• The selection and role of juries.• Dismissal/excusal of juries• Selection at court• The juries role in both civil and criminal cases• The selection and role of magistrates• Training of mags• Pros and cons of using lay mags

Mission impossible…

• You have 2 minutes to complete mission impossible!

• http://www.youtube.com/watch?v=XAYhNHhxN0A

Exam question

• Describe the different roles juries have in civil and criminal cases.

(18 marks)

• A01 – Marked on Knowledge and understanding of Law• • LEVEL 1 – 1-5MARKS• LEVEL 2 - 6-10 MARKS• LEVEL 3 – 11-14 MARKS• LEVEL 4 15-18 MARKS

Break down of the question

• A description of the role of the jury in both criminal and civil cases and the process for making decisions

• CRIMINAL CASES:• In the crown court the role of the jury is to decide the verdict meaning whether the defendant is guilty or not guilty –

in serious cases• They have to listen to all the evidence thoroughly and take notes if need be. The judge will give a summary of the

case to the jury• They decide questions of fact. The judge are able to advise them on questions of law• In secret the jury retire to a the jury room and discuss the case and come to a unanimous decision if possible or a

majority decision at least 10:2 or 11:1• They do not need to justify the reason for the verdict • CIVIL CASES: • The jury here is rarely used- around 10 and under cases per year mainly in defamation cases in the High Court• Jury trial is only available for four types of cases in either the High Court or County Court, these are: Defamation,

False imprisonment, Malicious prosecution and fraud• These cases are only retained as they deal with character or reputation• If the evidence think that the evidence is complicated, trial by jury can be refused• Allowed in personal injury cases in the High court in exceptional circumstances- case WARD V JAMES 1966. But

personal injury cases since that case have nt been deemed exceptional so none have had juries

WARD V JAMES 1966.• C’s injuries resulted in quadriplegia when the car in which he was a passenger (in Germany)

was involved in an accident.

Held: Lord Denning MR; • "It (trial by jury) has been the bulwark of our liberties too long for any of us to seek to alter it.

Whenever a man is on trial for serious crime or when in a civil case a man’s honour or integrity is at stake... then trial by jury has no equal."

• Up to the year 1854 all civil cases in the courts of common law were tried by juries. There was no other mode of trial available. Since 1854 trial by jury in civil cases has gradually lessened.

• In personal injury cases trial by jury has given way to trial by judge alone unless the case is exceptional…

• Because:• Assessability, because personal injury damages to some extent are necessarily conventional

and are based on a "tariff" known to lawyers; • Uniformity, so that similar injuries would attract similar damages no matter in which court

they were awarded; • Predictability, to encourage the parties to settle their claim outside the court.

Help with revision…

• To help with revision its best to have a good memory…

• You have to create a story in your head with the following pictures then present your story in class.

Its easy…

• Cheryl Cole went into nandoes to buy an ice cream, instead she ended up in burger king having a cat fight with Alan Carr.

• Now do the same for law topics; for example jury summons…

• You receive jury summons within 7 days you need to reply otherwise you receive a £1000 fine and your devastated by your bank balance.

• Now you will be given a concept where you have to remember all pictures shown and then memorise the scenario…•Winner will be awarded

Felicity

• Felicity applies to be a magistrate BUT her application is declined because she's bankrupt!