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It is not so much that a trial in a civil case requires a jury, as it is that in some categories of civil cases, a jury trial may be had as a matter of right. That said, a party has to request a trial by jury; if no request is made, a bench trial is had. If the plaintiff wishes a jury trial, the request is generally made within the body of the complaint (or whatever the initial pleading is called in the jurisdiction). If the defendant wishes one, the request is usually made within the body of the answer.
A plaintiff may request a jury because he/she/it believes that the jury will look kindly upon his/her/its plight. If money damages are sought, jury awards may also tend to be higher than those awarded by a judge. (in a bench trial). A defendant may request a jury trial because in any civil case, the plaintiff has the burden of proof, and the defendant may believe that the plaintiff will be unable to sufficiently convince a jury of the rectitude of its position.
Wiki User
∙ 13y ago
Wiki User
∙ 12y agoall civil cases are suppose to be tried by a jury, however if both sides agree to let the judge make the decision that can be done. the jury order is for your protection. you only have to convince 9 of the 12 to get a judgment in your favor.
Wiki User
∙ 12y agoThe judge traditionally has three primary responsibilities in a trial: to adjudicate the process (make sure the court remains orderly and follows all proper procedures, decides whether or not evidence or witness statements are relevant or just clouding the issue, etc), to determine if the defendant is guilty, and to determine what punishment the crime calls for.
In cases with juries, the determination of guilt is with the jury, as well as, in some states, whether or not the death penalty is warranted with varying degrees of force (some states a jury recommendation of death is required, others it's just a guideline).
There are two main reasons a jury is a useful body. A judge is a single person. They represent their own class, race and gender in terms of views, and can be influenced by criminal activity (bribery, abducting loved ones, etc) if the criminal has free accomplices like in organized crime. Influencing a full dozen people in such a manner is significantly more difficult (making the jury anonymous would make it even more so, which is why they tend not to list jury names in press releases). Also, having a dozen different people allows for views from a dozen different backgrounds - if you accept the basic premise of democracy, you must accept that having input from all sorts of backgrounds is important. The jury is a better representative sample of society.
There may be other legal considerations for the use of juries, but those are the two main arguments.
Wiki User
∙ 13y agoThis may vary depending on where you live, but no. In most cases, the parties can agree to have the judge as the trier of fact, instead of a jury.
Wiki User
∙ 10y agoto gangbang your mom
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What percent of civil case are settled without trial?
Good question. 90% of all civil cases are settled without a trial.
In a civil case can the trial proceed if the plaintiff or defendant is in jail?
Yes, but HIGHLY unlikely. In a civil case the state is under no obligation to spend the taxpayers money to transport and guard the incarcerated individual involved in a civil trial.
Can a sworn deposition for a civil case be used in a criminal case?
Perhaps - but it is not a certain thing that it would be admissable. Maybe only if the individual giving the deposition had died prior to the trial, and that it then became the 'next best'evidence. If the person was still living, almost certainly not. If the person who gave the deposition for the civil trial was still living, they would be required to appear in person in a criminal trial.
How do you xxplain each of the major stages of a civil proceeding including starting the case and pretrial trial and post-trial activities?
List and briefly explain each of the major stages of a civil proceeding, including starting the case and pretrial, trial, and post-trial activities.
When do you have a trial by judge?
In most cases, you have the right to a trial by jury, but this is not a requirement. In a criminal case, if the defendant opts to have a bench trial, there will be no jury. In a civil case, if neither party requests a jury, it will be a bench trial.
A cause of action that's good enough to require rebuttal and to submit the case to trial is what?
A cause of action that requires rebuttal and trial typically involves a claim where the plaintiff has provided enough evidence to support their allegations, creating a genuine issue of material fact that needs to be resolved by the court. This typically involves situations where the defendant's actions or negligence have caused harm or damages to the plaintiff, leading to a disputed legal issue that must be adjudicated through the trial process.
Which amendment gives you the rights to a jury trial in a civil case?
The Seventh Amendment
When a case is resolved through a negotiated agreement before a full trial is completed this is called?
civil trial is a settlement criminal trial is a plea agreement
Who decides civil lawsuit?
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.
Who is the respondent in a civil case?
The term "respondant" usually refers to a person in a civil court trial against whom the legal action is initiated. In a criminal case, a 'respondant' would be referred to as the 'defendant.'
Are you entitled to trial by jury in a civil case?
Yes, you can request one if your civil trial is in federal court. The States are not required to provide jury trials in civil suits, unless the case involves a federally-created right, because the Seventh Amendment has not been incorporated (applied) to the States.
In a trial by jury the defendant is the person that?
Has been charged with a crime in a criminal case or is the person being sued in a civil case.
