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Cases in equity are not eligible for a jury trial, where someone is suing for either an injunction or some similar as a matter of law and fairness - examples being things such as an injunction against a demolition, injunction against selling a disputed house to someone else, child custody cases, and so on. Also, cases where the dispute solely revolves questions of law rather than fact are not eligible for a jury trial.
In addition to cases in equity, cases in common law where the amount in controversy is $20 or less are not entitled to a jury, as per the Seventh Amendment to the US Constitution.
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∙ 13y ago
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Who is entitled to a jury trial for a federal offense?
Every United States citizen is entitled to a trial by jury when being indicted of a crime. Each citizen also has the right to waive this kind of trial and have the case heard only by a judge.
Describe the procedures leading to bench and jury trials?
The defendant can request a trial held only in front of a judge (bench trial) or trial held in front of a jury (jury trial). In some cases (capital crimes) the option is not offered and a trial by jury is mandatory.
What is the only exception to the guarantee of a trial by jury?
Article 3, Section 2:"The trial of all crimes, except in cases of impeachment, shall be by jury." This means that every crime will be a trial by jury except for cases of impeachment.Impeach: to charge someone with a public offense
What alternatives exist to trial by jury?
In certain cases you can request a trial in front of a judge only. This option is not available in the case of Capital Crimes.
When is a defendant entitiled to a jury trial?
In a criminal case, you are entitled to a jury trial if the potential punishment is serious. Recently, I believe the Supreme Court has defined this as any crime where the maximum punishment is 6 months or greater in jail. Generally, this includes all crimes, but there are some ordinance violations and petty crimes that aren't severe enough. In a civil matter, you are almost always entitled to a jury trial.
Is a sequestered jury only done in a federal trial?
No, in any trial by jury the judge may determine it necessary to sequester the jury..
Why are juries only used in trial courts?
Because in the federal court system, District Courts are the lowest level of courts of original jurisdiction. Therefore, Constitutionally, defendants appearing for trial before District Courts are entitled to a trial by jury.
Is the only federal court where cases can be heard by both judges and jury are VA circuit court?
No. All federal circuit trial courts hear both jury and bench trials.
The Seventh Amendment states that you have the right to a trial by jury in civil cases when the amount is?
Text of Seventh Amendment is as follows: "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."Important Note: The Seventh Amendment is not incorporated to the states, so the right to trial by jury in civil cases exists only in federal court.
What trial has no jury?
A trial that has no jury is called a bench trial. A defendant may choose to waive his right to a jury trial and have his case heard and decided by a judge only. See the link below for a simple description of this type of trial.
What is the evidence used to do if a trial has no jury?
If your trial has no jury, then you or your counsel has chosen a "bench trial" whereby the judge will hear the case and render a decision. The evidence is used exactly as if a jury is present, only it, and the entire case, will be presented to the judge instead.
Can you have a jury before being fined?
depends on what you are being fined for In the context of the criminal court system, a person is generally entitled to a trial by jury, but only for moderate-to-serious (misdemeanor or felony) crimes. For more routine issues such as traffic and parking matters, a person is not generally entitled to a trial by jury and can be found guilty (and subsequently fined) by a judge or hearing officer. Regardless of whether the matter is taken up by a judge (e.g. at a "bench trial") or by a jury (e.g. at a "jury trial"), the burden of proof in criminal matters falls upon the government. (Comment: That is a serious over simplification. There are things that shift the burden of proof.) There are other contexts besides the criminal court system under which a person could be fined as well. For example, a person might be fined by the library for returning a borrowed item late. He would not be entitled to a jury trial in this case. As another example, a person might be accused of wrongdoing in a civil court. Here, a jury trial generally would be afforded. So, in summary, it can not be concluded that a person always has the right to require a finding of guilt from a jury before being fined. For a serious matter, such as one for which a judge will recommend strongly that you seek the representation of an attorney, one would be afforded the right to a jury trial in most if not all conceivable circumstances.
