Wednesday, October 9, 2019

The Place of a Jury Trial in Modern Essay Example | Topics and Well Written Essays - 3000 words

The Place of a Jury Trial in Modern - Essay Example This evidence is presented before a tribunal which has been mandated by law to adjudicate the claims or disputes of the parties. In our modern society, the most common and globally accepted tribunal is a court. The presentation of evidence, or the tribunal, is presided over by a judge. However, certain tribunals occur in the presence of a judge and a jury. There are 2 major different types of trials; these are a bench trial and a jury trial. A bench trial is a trial in which the presentation of evidence is done solely before a judge or a panel of judges. The judge(s) listens to the disputes of the two parties, analyses the evidence presented and depending on how compelling the evidence is, passes judgment either in favor of either party or dismisses the case. In essence, in a bench trial, the judge or panel of judges has the ultimate power. In a jury trial, the court proceedings are held in front of both the judge and the jury. A jury is a team of members in the community, usually ma de up of 12 people, who are chosen to give a verdict on a legal case that is presented before them in a court of law. The jury can either make the verdict or present their findings of facts to the judge for application in his ruling (Spooner, 1852, p. 6). The jury is an English word which comes from the word juror which means somebody who has taken the oath. The word originated from France with its original name being jurer. Historians cannot, for a fact, verify that the jury system existed in England prior to the 1100’s. However, it is well known that the right to trial by jury can be traced back to Magna Carta. It was also known as The Great Charter of the Liberties of England.  

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