Not every type of civil case may be heard in federal court. Civil cases that involve no federal question may not be heard in federal court unless the federal diversity of jurisdiction statute applies to permit it. Civil cases such as divorce, probate and family matters are not heard in federal courts.
the majority. all civil cases are tried by a jury unless both parties agree to have the case heard before the judge only.
No. Criminal offenses only - EXCEPT - in California, state law empowers CIVIL Grand juries at the county level to look into and investigate governmental matters that are brought to their attention.
judge only (grad point) ;)
Without the Seventh Amendment guarantees a trial by jury in most civil cases. This amendment also prevents a judge from overturning a jury's finding of fact. The judge is only permitted to determine issues of law.
civil lawsuits are heard by a jury, then they make the decision. only if both parties agree to a non-jury trial does a judge make the decision.
Yes and no, a convicted person can either choose to be heard by a judge or jury. That means by what ever you choose either the judge will decide your fate or the jury will decide your fate. in some cases only a judge can decide what happens to you.
In the United States there used to be two separate sets of court systems, at both the state and federal level. One set of courts heard only criminal cases, and the other heard only civil cases. These court systems were combined (i.e.: unified) into one set of courts for each state and also the federal level.
criminal cases are dealt where ever the crime was committed and if the crime is that bad it will go to state , but criminal cases go to criminal courts, civil cases deal with such things as money or private property or divorce but no lawsuit will be made that would happen in a state court. Anything that goes against the constitution or is unconstitutional will be reviewed (appealed) and go to supreme court.
In most civil cases it is only necessary for a reasonable attempt be made to serve the defendant(s). All US states have laws which allow creditor suits and certain other cases to be tried (heard) and judgment to be rendered with or without the presence of the defendant(s).
Any case, civil or criminal, decided in the lower trial courts which have been appealed. NOTE: Contrary to common misunderstanding, not all cases are accepted by the Appelate Courts for appeal. The cases are reviewed and only certain ones are chosen for actual deliberation.
Civil cases are punished by means of fines or restrictions or controls on ones activities or business - no jail or prison time is called for in the statute. Criminal cases - the defendant can be sentenced to jail or prison. The threshold for conviction in a criminal case is beyond a shadow of a doubt. Jurors must feel 100% certain that a conviction has been proven without any doubt in their mind. In civil court, its purponderence of the evidence. If youre 51% sure of something, thats good enough. You can have doubts or reservations, but youre going strictly on what you believe is more likely than not. The way a trial moves a long is much different, too. Criminal cases tend to be scattered over many short appearence in court, while civil cases are usually given a scheduled time of anywhere from a day to 5 weeks, where they are the only people before the judge.
Notice of Withdrawal. (pertains only to civil cases)