Virginia Jury Instruction - 1.2 With Counterclaim By Defendant
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How to fill out Jury Instruction - 1.2 With Counterclaim By Defendant?
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FAQ
Two types of trials have juries: criminal trials and civil trials. Juvenile and family law trials do not have juries.
The circuit court has the authority to hear serious criminal cases called felonies. The circuit court also handles family matters, including divorce. In addition, the circuit court hears cases appealed from the general district court and from the juvenile and domestic relations district court.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
Only in a circuit court is a jury provided for the trial of many of these disputes and controversies. The Virginia circuit court system is composed of 31 judicial circuits with 120 separate circuit courts in the various counties and cities of the Commonwealth.
All cases in this court are heard by a judge. Jury trials are held only in circuit court, as provided by the Constitution of Virginia. The judge is sworn to enforce, without favor, the laws of the Commonwealth and community. By law, the court must apply rules of procedure and evidence to each case it hears.
Petit juries, also known as trial juries, decide both criminal and civil cases. In a criminal case, a petit jury decides whether the Government has proved beyond a reasonable doubt that the defendant committed the crime as charged.
In all criminal prosecutions, the verdict must be unanimous, in writing and signed by the foreman, and returned by the jury in open court.
If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. The government may retry any defendant on any count on which the jury could not agree.