The Role of the Jury in Torts Cases

This lesson deals with the respective roles of judge and jury in deciding a torts case. It considers the procedural devices used (primarily by defendants) in an attempt to keep the case away from the jury and to provide the basis for an appeal.

Learning Outcomes

On completion of the lesson, the student will be able to:

1. Explain the roles of judge and jury in deciding a torts case.
2. State why a defendant would want to keep a case away from the jury.
3. Discuss some procedural devices designed to keep the case away from the jury.
4. Analyze when a question is for the judge to decide and when it must be left for the jury to decide.