Written by attorneys · grounded in primary & secondary sources — see below
A body of persons selected according to law and given the power to decide questions of fact and return a verdict in the case submitted to them.
Sources & Authorities
How it applies
Common Examples
6
Grand Jury Indictment Required
Federal prosecutors charge Jerome Jackson with a capital offense. Because the Fifth Amendment requires indictment by a grand jury for such crimes, the government convenes a grand jury to determine whether probable cause exists before Jerome can be held to answer.
Judicial Notice Instruction Given
In a civil contract dispute between Jasmine Jordan and Jordan Dynamics, the court takes judicial notice that a key date fell on a Sunday. The judge instructs the jury that it must accept this noticed fact as conclusive when deciding the case.
Court Appoints Special Panel
Shareholders of Jensen Farms bring a derivative suit. Upon the corporation's motion the court appoints a panel of individuals to determine whether maintaining the action serves the company's best interests, and the panel's decision controls the outcome.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Client Decides on Jury Waiver
Jennifer Jackson faces criminal charges and consults her lawyer about trial strategy. After full consultation Jennifer decides to waive her right to a jury trial, and her lawyer must abide by that decision when entering a plea or proceeding to a bench trial.
Court Screens Res Ipsa Inference
Jacob Jennings sues Jones Petroleum after an unexplained explosion at a storage facility. The court first decides that a jury could reasonably infer negligence under res ipsa loquitur before allowing the case to proceed to the jury for its factual determination.
Race-Neutral Justification Required
During jury selection in Judy Jacobs's criminal trial the prosecutor uses peremptory challenges to strike several Black venire members. The defense makes a prima facie showing of racial motivation, shifting the burden to the prosecutor to provide a race-neutral explanation for the strikes.
Common questions
Frequently Asked
5
When does the Constitution require a grand jury indictment?+
The Fifth Amendment requires a grand jury indictment for capital or otherwise infamous crimes before a person can be held to answer, except in military cases arising in time of war or public danger.
What must a court tell the jury about a judicially noticed fact?+
In a civil case the court must instruct the jury to accept the noticed fact as conclusive. In a criminal case the court must instruct the jury that it may or may not accept the noticed fact as conclusive.
How does a lawyer handle a client's decision to waive a jury trial?+
Under Model Rule 1.2(a) the lawyer must abide by the client's decision whether to waive a jury trial after consultation, just as the lawyer must follow the client's choice on whether to plead guilty or testify.
Who decides whether res ipsa loquitur permits an inference of negligence?+
The court determines whether the inference may reasonably be drawn by the jury or must necessarily be drawn, while the jury decides whether to draw the inference when different conclusions may reasonably be reached.
What limits exist on peremptory challenges during jury selection?+
The Equal Protection Clause prohibits using peremptory challenges to exclude jurors on the basis of race. A defendant who makes a prima facie showing shifts the burden to the striking party to offer a race-neutral explanation, after which the court decides whether purposeful discrimination occurred.
410 U.S. 113 (1973)Constitutional Law
…1253 from specific denial of injunctive relief, and the arguments as to both aspects are necessarily identical. See Carter v. Jury Comm'n , 396 U. S. 320 (1970); Florida Lime Growers v. Jacobsen , 362 U. S. 73, 80-81 (1960). It would be destructive of time and energy for all concerned were we to rule otherwise. Cf.…