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  • Whether it’s a football team, Broadway production, factory line or fire department, each person

  • has their defined roles.

  • The same is true in court, of course.

  • Everyone from the bailiff to the court reporter has a job to do.

  • But the judge and the jury are the most crucial roles in court.

  • If you find yourself in a jury trial, at the very least you should know what the roles

  • of the judge and the jury are.

  • Although you undoubtedly have the gist, certainty usually wins the day in the courtroom.

  • So, let’s break down the role of the judge first.

  • Even in a jury trial, the judge still wears many hats.

  • Metaphorical hats, of course.

  • First and foremost, the judge is an independent, impartial decision-maker in the pursuit of

  • justice.

  • Each side makes its arguments and presents the facts and evidence that it wants the jury

  • to consider.

  • It’s up to the judge to oversee it all without bias.

  • The judge is the ruler of the courtroom.

  • He decides all matters of courtroom procedure.

  • He also decides all legal issues, including ruling on evidentiary objections.

  • When the judgesustainsan objection to evidence, it means she agrees with the

  • party objecting and the evidence or testimony is disallowed.

  • If sheoverrulesthe objection, it means she disagrees with the party objecting and

  • the evidence will come in.

  • Sometimes some evidence questions are settled beforehand, through the judge’s decisions

  • on pretrial motions.

  • But often the evidentiary issues cannot be predicted in advance and must be ruled on

  • during the trial.

  • Another part of the judge’s duty is to act as a guide for the jury.

  • The judge will instruct the jury about the law before the jury’s verdict, so that they

  • make the most informed decision possible.

  • Juries are assembled to determine if someone is liable or not liable in a casebased

  • on the evidence that that has been admitted, and only on that evidence.

  • This makes the juryin stuffy lawyer speakthetrier of fact”.

  • If the jury does find the defendant liable, they must also decide how much in damages

  • the defendant must pay.

  • There are cases where a jury trial is not permitted, or where the parties have waived

  • a trial by jury.

  • The judge plays both the normal role of a judge, but is also the trier of fact.

  • The judge decides both the legal issues and the factual issues.

  • This can be more streamlined and efficient, but it has its drawbacks.

  • For one, the decision is being made by one person, not six.

  • It also presents the problem that the judge may rule certain evidence inadmissible, but

  • unlike a jury, the judge has already seen the evidence that the trier of fact should

  • not see.

  • The law presumes that the judge has the ability that jurors do not to resist the temptation

  • of being influenced by inadmissible evidence.

  • By the way, trying the case without a jury is called a “bench trial.”

  • It’s called that because, confusingly enough, the elevated desk the judge sits behind is

  • not called a desk or a table, but a “bench.”

  • Even more confusingly, the judge sits on a chair, not a bench, but the word comes from

  • the days when judges actually sat on benches.

  • Anyway, you could say that, in a bench trial, the only one getting benched is the jury.

  • Don’t let yourself get sidelined by a lack

  • of knowledge of how the game is played.

  • Call on Legalyou.

  • LegalYou.

  • Where the courtroom is not just for lawyers.

Whether it’s a football team, Broadway production, factory line or fire department, each person


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B1 中級 美國腔

法官和陪審團的作用 (Roles of Judge and Jury)

  • 51 6
    Amy.Lin 發佈於 2021 年 01 月 14 日