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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.
What else can I help you with?
Is it possible for you to request a jury trial for a civil case?
Yes, it is possible to request a jury trial for a civil case in the United States.
What percent of civil case are settled without trial?
Good question. 90% of all civil cases are settled without a 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.
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.
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.
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.
