Section 1.6 Jury Discretion

• Library: Sources of Proof (2014 Ed.)

B. (§1.6) Jury Discretion

In selecting not only the sources of proof but also the evidence derived from them, the jury and its discretion as the finder of fact must be considered. Counsel may reason that if the jury is instructed on the law and the trial lawyer has evidence to meet the burden of proof on every proposition submitted, the client must win. Not so.

The purpose of a trial is to resolve the issues for the litigants. In preparing for trial and deciding on the proof necessary to create a belief in any proposition submitted to persuade the jury to one’s side, reality is as important as law. The jury may believe each and every...