Civil courts allow jury trials based upon the individual circumstances of the case such as personal injury/property damage matters. In criminal matters the defendent automatically has the right to a trial by jury (the exception is juvenile court). In theory, all citizens have a right to a jury trial as provided by the US Constitution; in practice this would be almost impossible given the number of cases filed in state and federal courts
Bench trials are when the judge is the decider of fact. A jury trial is where a jury plays that role and determines the verdict.
Civil cases do not require Jury's captains mast under maritime law do not require jury. Punishment is considered summary and NOT suybject toapeal
Henry created a system for trials that had Grand Jury Trials and regular trials. Grand Jury trials decided whether or not the evidence supports the accusation enough to go to a trial. The regular trial decided if the accused was innocent or guilty. And the juries were made of common people instead of nobility.
In reality, the English judges of the day had the right to suspend jury trials. The writers of the Declaration of Independence believed that the right to trial by jury was sacred.
Black Codes
In federal court, the district courts can have jury trials. If the opposing parties in a suit agree to waive their right to a jury trial, the judge may preside and enter a verdict. In state court, the answer is less straightforward because each state has its own court structure. States often have specialized courts specifically for family law, probate, or small claims, but generally there are 3 basic levels in a state court system: 1. Supreme Court (the highest court in the state) [no jury] 2. Appellate (or appeals) courts [no jury] 3. Trial courts [jury]. The trial courts are called by different names in different states so it's confusing (for example, in California trial courts are called 'superior courts' and in Alabama they are called 'circuit courts.')
Jury trials are available at all levels of the court EXCEPT Appeals Court and Supreme Court levels.
Trial by jury means that the finder of fact for the court proceeding will be a jury. the size of the jury varies by jurisdiction.
The lower state courts are courts of original jurisdiction and hear all cases within their purview and conduct jury trials. The higher state courts are not courts of original jurisdiction, only hearing cases that are referred to them by appeal of a lower court verdict or by motion. They conduct non-jury trials. These courts are the Court of Appeals and the State Supreme Court.
Bench trials are when the judge is the decider of fact. A jury trial is where a jury plays that role and determines the verdict.
Generally, only a court of original jurisdiction and only where the case is one in law as opposed to equity. Jury trials are not guaranteed in matters that traditionally were heard in the Equity or Chancery courts at common law.
In addition to federal courts, trials are held by state courts in Georgia. Each county or circuit has a Superior Court. Counties with sufficient population also have a State Court. Both superior and state courts hear general subject matter jurisdiction cases in both jury and bench trials. Counties and circuits also have juvenile courts, recorder's courts, probate courts, and magistrate courts. Each of these hear bench trials over certain subject matter. Finally, most cities have municipal courts, which hear bench trials over limited subject matter. state and superior courts
Theoretically anyone can request a jury trial for any offense, but as a practical matter very minor cases are heard by only judges or magistrates. Traffic courts, or Municipal/City courts are the lowest level of court which will conduct jury trials.
Civil courts allow jury trials based upon the individual circumstances of the case such as personal injury/property damage matters. In criminal matters the defendent automatically has the right to a trial by jury (the exception is juvenile court). In theory, all citizens have a right to a jury trial as provided by the US Constitution; in practice this would be almost impossible given the number of cases filed in state and federal courts
Yes, the verdict must be unanimous.
No. All federal circuit trial courts hear both jury and bench trials.
Because not every court case requires a jury to reach a conclusion. Jury trials are usually reserved for criminal cases - and even then - not all cases need a jury !