Jury Trial

To questions of fact judges do not answer; to questions of law the jury does not answer.

Ad quaestionem facti non respondent judices; ad quaestionem juris non respondent juratores.

Source: Co. Litt. 295b; Broom, Max. 938; Wharton, Leg. Max. 265

The division between judge and jury is fundamental — the jury finds what happened; the judge declares what the law requires. Neither may usurp the province of the other.

A verdict is, as it were, the utterance of truth; as a judgment is the utterance of law.

Veredictum quasi dictum veritatis; ut judicium quasi dictum juris.

Source: Co. Litt. 226; Weisman, 64n

The jury's verdict carries the authority of truth in fact, just as the court's judgment carries the authority of truth in law — each is final in its own sphere.

Jurors are the judges of fact.

Juratores sunt judices facti.

Source: State of Georgia v. Brailsford, 3 Dall. 1, 4 (1794); Co. Litt. 155b; Weisman, 67b

No judge, however learned, may substitute his opinion of the facts for that of the jury — the jury is the sole and sovereign tribunal on all questions of fact.

Jurors ought to be neighbors, of sufficient estate, and above all suspicion.

Juratores debent esse vicini, sufficientis status, et ab omni suspicione majores.

Source: Jenk. Cent. 141; Weisman, 67a

The jury must be drawn from the community where the dispute arose — strangers without local knowledge and persons of doubtful character undermine the very purpose of trial by peers.

The verdict of twelve good and lawful men is held by the common law to be the declaration of truth.

Duodecim proborum et legalium hominum dictum, per legem communem, veritatis dictum habetur.

Source: Halk. Max. 73; Co. Litt. 155b; Weisman, 67c

The unanimous verdict of a proper jury of twelve is the highest form of factual determination known to the common law — no lesser body may supplant it.

Jurors ought not to be harassed by labors and expenses.

Juratores non debent fatigari laboribus et expensis.

Source: Jenk. Cent. 6; Weisman, 67d

The duty of jury service must not be made so burdensome that it deters good men from serving — efficiency in trial procedure protects the institution itself.

The verdict of a jury is a bar in equity.

Veredictum juratorum obstat in aequitate.

Source: Branch, Max. 155; Weisman, 67f; Weisman, 67h

Once a jury has determined the facts, a court of equity may not retry them — the verdict settles the matter.