Tales De Circumstantibus: A Key Concept in Jury Selection Law
Definition & Meaning
The term "tales de circumstantibus" refers to a legal process in which a court orders the selection of jurors from bystanders when the original jury panel is insufficient. This situation typically arises when some jurors do not attend or when there are not enough jurors remaining due to challenges or other reasons. The term is rooted in Latin and translates to "such of the bystanders" or "such persons as are standing round." This mechanism helps ensure that legal proceedings can continue without unnecessary delays due to a lack of jurors.
Legal Use & context
Tales de circumstantibus is primarily used in the context of jury selection within the legal system. It is applicable in both civil and criminal cases where a jury is required. When the jury panel is exhausted or insufficient, a party involved in the case can request the court to summon jurors from the pool of bystanders. This process is crucial for maintaining the flow of legal proceedings and ensuring that trials can proceed without significant delays.
Real-world examples
Here are a couple of examples of abatement:
Example 1: In a criminal trial, if several jurors fail to appear on the day of the trial, the judge may issue a tales de circumstantibus order to select new jurors from the audience to ensure that the trial can continue without delay.
Example 2: In a civil lawsuit, if the jury panel is reduced due to juror challenges, the plaintiff may request the court to invoke tales de circumstantibus to fill the jury box with bystanders, allowing the trial to proceed smoothly.