What Does the Jury Decide? What Does the Judge Decide?
Though lawyers will almost always prepare a personal injury case for the likelihood of trial, as a practical matter, most personal injury cases (about 97%) settle beforehand. If your case does go to trial, though, any verdict rendered will involve both the participation of both the judge and jury. What are the different duties of judges and juries in personal injury lawsuits?
The Fundamental Distinction Between the Judge and the Jury
At the most basic level, the judge has responsibility for the correct application of the law, whereas the jury is tasked with determining the facts of the case:
- The jury—The jury has a two-fold responsibility. First, the jury must determine the facts of the case. In a personal injury lawsuit, because the burden of proof is “the weight of the evidence,” the jury must decide only whose version of the facts is more believable. Once the jury has determined the facts, the law must be applied to those facts to render a verdict.
- The judge—As the arbiter of law, the judge will listen to all testimony and arguments to ensure that the law is both accurately stated and properly applied. Because the admissibility of evidence is based on the laws of evidence, the judge will make all rulings regarding any objections to the use of witness testimony, out-of-court statements, written documents, or other physical evidence. Furthermore, before the jury applies the law to the facts of the case, the judge has the responsibility of ensuring that the jury has the proper understanding of the law. As a part of this process, the jury receives written instructions on how to apply the law to the facts. The judge determines that the jury instructions properly state the law.
In addition to ruling on issues of law, the judge also has the responsibility to maintain order and decorum during the trial.
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after you have been hurt in a New Jersey accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.