JURY'S FACT-FINDING ROLE

• NCJ Number: 9221
• Journal: Judicature Volume: 56 Issue: 6 Dated: (JANUARY 1973) Pages: 245-248
• Author(s): L L FINZ
• Date Published: 1973
• Length: 4 pages
• Corporate Author: American Judicature Soc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE PROPER ROLE OF A JURY IS TO REPORT FINDINGS OF FACT TO THE TRIAL JUDGE, LEAVING THE APPLICATION OF RELEVANT RULES OF LAW AS THE PROVINCE OF THE COURT.

Abstract

THE TRIAL COURT SHOULD SUBMIT RELEVANT AND MATERIAL QUESTIONS OF FACT FOR THE JURY'S CONSIDERATION IN DELIBERATING A CASE. THE JURY WOULD REPORT ITS FINDINGS TO THE TRIAL COURT, WHICH WOULD THEREUPON ARRIVE AT A DECISION BASED UPON THOSE FINDINGS OF FACT AND THE APPLICATION OF THE RELEVANT RULES OF LAW. IN THE CASE OF A CIVIL DECISION IN FAVOR OF THE PLAINTIFF, THE COURT SHOULD PROVIDE THE ISSUES OF FACT RELATIVE TO DAMAGES, DIRECTING THE JURY TO DELIBERATE TOWARD THE FINDING OF A FINAL MONETARY VERDICT. (AUTHOR ABSTRACT MODIFIED)