Allegheny Pennsylvania Jury Instruction - 6.1 Burden Of Proof When Only Plaintiff Has Burden Of Proof
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FAQ
One major difference between civil cases and criminal cases is that in civil cases, only 10 of the 12 jurors need reach the same decision to render a result. In criminal cases the decision must be unanimous. The final decision of the jury is called the verdict.
The fundamental difference between a civil case and a criminal one is that a criminal case involves a crime against the state, while a civil case is essentially a dispute between private parties.
For a conviction or an acquittal, all the jurors have to agree that the defendant was guilty or not guilty. A hung jury means one or more jurors did not agree on the verdict.
Preponderance of the evidence means evidence that has more convincing force than that opposed to it. If the evidence is so evenly balanced that you are unable to say that the evidence on either side of an issue preponderates, your finding on that issue must be against the party who had the burden of proving it.
When the judge declares the jury to be hung or deadlocked, a mistrial is declared, which brings the trial to an end without a determination on the merits. In the United States, a mistrial returns the parties to the positions they occupied before the trial began.
Because a conviction can result in serious penalties and jail time, the jury has to know the defendant is guilty beyond reasonable doubt. Civil Court Civil cases have a much lower standard of guilt and only requires the plaintiff to prove the defendant acted negligently with a 51 percent degree of certainty.
The instructions for a Virginia civil jury generally differ from those given to a criminal jury. A jury for the Virginia Circuit civil court contains 5 jurors. For a conviction to be made, all members of the jury must come to a unanimous decision.
When the judge declares the jury to be hung or deadlocked, a mistrial is declared, which brings the trial to an end without a determination on the merits. In the United States, a mistrial returns the parties to the positions they occupied before the trial began.
A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung jury usually results in the case being tried again.
Crimes are generally offenses against the state (even if the immediate harm is done to an individual), and are accordingly prosecuted by the state. Civil cases on the other hand, typically involve disputes between individuals regarding the legal duties and responsibilities they owe to one another.