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Is it true In most states if neither party requests a jury there will be no jury trial?
true, they can request the judge to decide, in small claims you have to request a jury
What is a motion to reargue?
A request to the court by the defense (or plaintiff) for a second chance to argue their case before the judge or a jury. It must be submitted BEFORE the judge (or jury) has rendered their verdict in the case.
Why would someone have a trial be jury instead of a judge?
One may be attempting to appeal to the jury's sense of emotion; whereas, a judge will not give into emotions as easily.
What acts as the judge and jury?
Not surprisingly, a Judge and Jury act as judge and jury.
What is an action where the plaintiff introduces sufficient evidence to submit the issue to the judge or jury?
You file a "Request for Trial or Hearing."
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 only get a change of venue if you are going to trial before a jury?
Yes. A request for a change of venue is only appropriate if it can be demonstrated to the court that the jury pool of the court is tainted (usually by publicity surrounding the case) and the defendant might not receive a fair trial by an impartial jury. If it is a bench trial, the most you could do is request that the judge recuse himself in favor of another judge.
What does a bench trial lack in comparison to a jury trial?
A bench trial lacks a jury, which means that a judge alone decides the verdict instead of a group of jurors.
Do juveniles have the right to a jury trial?
In the United States, juveniles do not have an automatic right to a jury trial. Instead, they typically have a trial before a judge or a panel of judges.
Under what circumstances can a judge overrule a jury?
A judge can overrule a jury when there is a legal error in the jury's decision or if the judge believes the jury's decision is not supported by the evidence presented in the case.
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.
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.
