Civil Litigation-Jury Instructions

It is important to keep in mind that the function of a jury is to hear evidence when there is a factual dispute, to evaluate that evidence, and then to render a decision based on it. If there is no true factual dispute, then there is nothing for a jury to decide and the court (judge) will make the decision.

At the conclusion of all of those motions—if they are denied—the jury will be instructed by the court what the law is in the case. Those instructions may be oral or they may be given to the jury in writing. The jury will then be instructed to consider all the evidence, the jury instructions, and then render a verdict.

Before they begin their deliberations, however, the jury will hear from the attorneys one more time in the form of closing arguments. The purpose of closing arguments is to give the attorneys one last opportunity to argue their respective positions on the case in order to persuade the jurors to vote in their favor.

The size of a jury may differ from jurisdiction to jurisdiction. The size of a jury in a civil case is usually anywhere from five to twelve people, but the parties can agree to have fewer jurors.
 

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