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Glossary: Common Words and Phrases
Impartial: Without bias, prejudice, or other preconception. The members of a jury should have no opinion or vested interest about a case at the start of the trial and should base their verdict on competent legal evidence presented during the trial.
Instruction: The guidelines given by the judge at the beginning and end of a trial that explain what the law in the case is and how the jurors should evaluate the evidence.
Jury pool: The group of prospective qualified jurors appearing for assignment to trial jury panels.
Jury summons: The papers sent to potential jurors that require their attendance in court for possible service on a jury. California courts do not summon jurors to the courthouse more than once in any given 12-month period.
Jury selection: The process by which jurors for a particular trial are selected from the larger group of potential jurors summoned to the courthouse. The trial court judge sends a request to the jury assembly room for a panel of prospective jurors to begin the jury selection process in his or her courtroom. Once the jurors arrive in the courtroom, the judge and lawyers ask the jurors questions for the purpose of determining whether jurors are free of bias, or prejudice, or whether there exists any matter that might interfere with their ability to be fair and impartial.
Litigants: Any persons or groups engaged in a lawsuit.
One-day/one-trial: Starting on January 1, 2000, most courts have adopted the one-day/one-trial system. One day or one trial means that prospective jurors only have to come to the court once. If you are not chosen for a trial, then your term of service is complete. If you do serve on a jury, you will not be required to report for jury service for at least another 12 months. A few counties have different systems, so please contact your local jury office to make sure how your local court system works.
Pending: In process; not yet decided.
Perjury: A false statement made willfully and knowingly while under oath in a court proceeding.
Polled/polling: Calling the names of the jurors and having them state what their final verdict is before it is recorded. This can be done individually or collectively.
Postpone: To put off until a later time.
Postponement: A grant that will allow you to put off serving as a juror until a later time. A postponement may be available if you have health problems, a paid vacation, or other personal commitments that cannot be rescheduled at the time you are initially called for jury service. See also exemptions / excuses / postponements.
Preponderance of the evidence: Greater weight of evidence, or evidence that is more credible and convincing. Refers to the amount of proof required to win in a civil case. It is that degree of proof that is more probable than not. A lower standard than that which is required in criminal cases.
Propound: To offer for discussion or consideration.
Prosecutions: Legal proceedings.
Prospective: Likely to come about, relating to or effective in the future.
Reimbursement: Specific payment for out-of-pocket expenses. For example, the state pays jurors $.15 a mile (one way) for travel.
Sequestration: A sequestered jury is usually housed together in a hotel and prohibited from contacting people outside of the court. Sequestration rarely occurs and is meant for jurors' protection. It is used to keep the jurors away from the media during a controversial trial where widespread media coverage could influence a juror's decision. In very rare cases, there may be attempts to influence the jurors' deliberation through threats.
Source list: The list or lists from which citizens are selected to receive a jury summons. Potential jurors are selected randomly from the voter registration list and the Department of Vehicles' lists of drivers and identification card holders, as required by law.
Subpoena: A subpoena is an official order to attend court at a stated time. The most common use of the subpoena is to summon witnesses to court for the purpose of testifying in a trial.
Testimony: Evidence given by a witness under oath.
Unable to serve: If you have health problems, a paid vacation, or other personal commitments that cannot be rescheduled at the time you are initially called, a postponement may be available. If you have already received one postponement during the past 12 months, you will probably have to come to court and speak to a judge to further delay your service.
Unanimous: There are 12 people on a jury trial, except when the parties in civil or misdemeanor cases agree that there may be fewer than 12. After the full jury in a criminal case, or three-fourths of them in a civil case, have agreed upon a verdict, the verdict is considered unanimous and the jury is brought back into the courtroom, where their foreperson reads the verdict. The verdict has to be in writing, signed by the foreperson, and must be read to the jury by the court clerk or the judge.
Verdict: The formal decision or finding made by a jury, which has been impaneled and sworn for the trial of a case, and reported to the court.
Voir dire: Translated from the French, means 'to speak the truth.' With regard to juries it is a preliminary examination of prospective jurors by a judge or lawyer to decide whether that person is qualified to serve on a jury.
Witness: One who can give a firsthand account of something seen, heard, or experienced.