The standard of care in negligence trials is always decided by the jury.

• A. True
• B. False
• C. It depends on jurisdiction
• D. Only in criminal trials

Answer: (B)

In negligence cases, the standard of care is a legal benchmark defined by the law, not just a fact about what happened. The judge typically explains this standard to the fact-finder (or to themselves in a bench trial) and instructs how it should be applied. In a jury trial, the judge sets out the standard of care in the instructions, and the jury then decides whether the defendant’s conduct met that standard based on the evidence. In a bench trial, there is no jury, so the judge determines both the standard and whether it was satisfied. Because of these possibilities, the standard of care isn’t always decided by the jury.