Petit jury
Trial jury that hears evidence and delivers verdicts.
A petit jury, also known as a trial jury, is a body of jurors that hears evidence in a trial as presented by both the plaintiff (petitioner) and the defendant (respondent). After hearing sworn testimony and jury instructions (US) or jury directions (England and Wales) from the judge, the jury retires for deliberation to consider a verdict. The petit jury is the most common type of jury system in the common law tradition.
- 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 hears evidence in a trial as presented by both the plaintiff (petitioner) and the defendant (respondent). After hearing sworn testimony and jury instructions (US) or jury directions (England and Wales) from the judge, the jury retires for deliberation to consider a verdict. The majority required for a verdict varies; in some cases it must be unanimous, while in other jurisdictions it may be a majority or supermajority. A jury that is unable to come to a verdict is referred to as a hung jury.
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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