What is the outcome when a juror uses a cell phone during deliberations as instructed by the judge?

Get ready for the BPS I Civil Procedure Test. Utilize flashcards and multiple-choice questions with detailed explanations to boost your preparation. Excel in your exam!

The correct outcome in this scenario is that a motion might be denied because the juror's misconduct was deemed harmless. This situation involves the principle that not all juror misconduct automatically results in a mistrial or the overturning of a verdict. The court would assess whether the juror's use of a cell phone during deliberations had a significant impact on the fairness of the trial or the integrity of the jury's decision. If the use of the cell phone is found to not have influenced the deliberation or resulted in any prejudice against the parties involved, then the misconduct may be considered harmless.

In civil procedure, the focus rests on whether the integrity of the verdict has been compromised. Therefore, if the use of the cell phone didn’t lead to exposure to extraneous information or otherwise affect the deliberation process, the court may determine that the misconduct did not materially affect the outcome of the trial, thus justifying a denial of the motion. This decision protects the finality of verdicts while maintaining the jury system unless a significant issue arises that warrants a more drastic measure.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy