Petit jury
Trial jury that hears evidence and delivers verdicts.
A petit jury, also referred to as a trial jury, is a foundational element of the common law legal system. Its primary function is to hear the evidence presented by both the plaintiff (or petitioner) and the defendant (or respondent) during a trial. Following the presentation of sworn testimony, the judge provides the jury with instructions—known as jury instructions in the United States and jury directions in England and Wales—after which the jurors retire to deliberate privately and reach a verdict. The required majority for a verdict is not uniform; in some legal systems, the decision must be unanimous, while in others, a simple majority or a supermajority suffices. If the jury cannot agree on a verdict, it is termed a hung jury. The size of a petit jury also varies. In criminal cases involving serious felonies, the standard number is twelve jurors, though Scotland employs fifteen. Civil cases often require fewer than twelve jurors. Outside the United States and Canada, common law jurisdictions may utilize juries in specific civil matters such as defamation, negligence, or eminent domain. In contrast, civil law legal systems generally do not employ civil juries, though the United States and Canada permit them in nearly all cases where only monetary damages are sought. While some countries outside the English common law tradition use quasi-juries where lay judges or jurors deliberate alongside professional judges in criminal cases, the common law trial jury remains the most prevalent jury system worldwide.
- field
- Common law legal system
- known_for
- Hearing evidence and delivering verdicts in trials
- size
- Usually 12 jurors for serious felonies; Scotland uses 15; civil cases often fewer
- verdict_requirement
- Varies: unanimous in some jurisdictions, majority or supermajority in others
- availability
- Common in common law jurisdictions; civil juries available in US and Canada for money damages
Lore & Background
In common law, a petit jury, also known as a trial jury, serves as the fact-finding body in a trial. Its primary function is to hear evidence presented by both the plaintiff (or petitioner) and the defendant (or respondent). After listening to sworn testimony and receiving legal guidance from the judge—referred to as jury instructions in the United States and jury directions in England and Wales—the jury withdraws to deliberate in private and reach a verdict. The required majority for a verdict is not uniform; some jurisdictions demand a unanimous decision, while others permit a verdict based on a simple majority or a supermajority. If the jurors cannot agree on a verdict, the jury is declared a hung jury. The size of a petit jury varies depending on the case. In criminal trials involving serious felonies, the standard number is twelve jurors, though Scotland employs fifteen. Civil cases often require fewer than twelve jurors. While the common law trial jury is the most prevalent form of jury system, some countries outside the English common law tradition use quasi-juries, where lay judges or jurors deliberate alongside professional judges in criminal matters. In common law jurisdictions outside the United States and Canada, civil juries may be used in specific claims such as defamation, negligence, or eminent domain. Conversely, civil law legal systems generally do not employ civil juries. In the United States and Canada, civil juries are available in nearly all cases where the sole remedy sought is monetary damages.
Reader's Guide
The petit jury is a cornerstone of the common law trial system, serving as the fact-finding body that determines verdicts in both criminal and civil cases. Its significance lies in its role as the most common type of jury system, distinct from grand juries and coroner's juries. The size of the jury varies: serious felony cases typically use 12 jurors, though Scotland uses 15, and civil cases often require fewer than 12. The verdict requirement also varies, with some jurisdictions requiring unanimity and others allowing majority or supermajority decisions. Outside the US and Canada, common law jurisdictions may use juries in claims for defamation, negligence, and eminent domain. Civil law legal systems generally do not use civil juries, but civil juries are available in the United States and Canada in almost all cases where the only remedy sought is money damages. The petit jury's legacy endures as a mechanism for lay participation in justice, though its procedures and requirements differ across jurisdictions.
Did You Know?
- The petit jury is also called a trial jury.
- In criminal cases involving serious felonies, there are usually 12 jurors, though Scotland uses 15.
- A jury that cannot reach a verdict is called a hung jury.
- Civil juries are available in the United States and Canada in almost all cases where the only remedy sought is money damages.
Frequently Asked Questions
What is a Petit jury?
A petit jury, often called a trial jury, is a panel of citizens who listen to evidence in a court proceeding and then decide the case's outcome. It is the most widely used jury format across common law legal systems.
How many people sit on a Petit jury?
Serious felony trials typically seat 12 jurors, while Scotland uses a panel of 15. Civil matters generally call for a smaller group.
What does a Petit jury actually do during a trial?
The jury listens to sworn testimony and evidence from both the plaintiff and the defendant, follows the judge's instructions, and then deliberates in private to reach a verdict.
Do all Petit juries have to agree unanimously?
Not necessarily—some jurisdictions require a full unanimous vote, while others accept a simple majority or a supermajority. The applicable rule depends on the specific court and the type of case.
Where can you encounter a Petit jury?
Petit juries are a standard feature of common law jurisdictions, and civil juries that award monetary damages are available in the United States and Canada.
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