Can jurors use "jury nullification" in civil matters?

Question

I was the defendant in a small claims matter and lost because of a minor technicality. Now I'm appealing and wondering if the jury can use human compassion to realize I did everything I was supposed to do except "sign under the pains and penalties of perjury."

Answer 1

I don't see how.

The jury is not there to consider the right or wrong of a matter in civil court. they are there to take sides between opposing advocates. Jury nullification means they think wrong is right and vice versa. The only time that might come up is in a custody matter where you are stupid enough to ask for a jury trial. Otherwise, the judge decides the law and the jury decides the facts and if the facts seem to have been misinterpreted judges have no problems in civil matters throwing out the verdict and ruling from the bench. So, "No".

Answer 2

I would say they can but in a civil matter I think they can throw jurors out. Also you don't have a jury on appeal, and the judge will never let you say "jury nullification".

Answer 3

As a juror you take an oath to adhere to the laws and judge all cases based upon the facts and the legal instructions given to you by a judge.

Jury nullification, although it happens, is not in adherence to that principal.