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Line 153: − The Seventh Amendment guarantees a right to a jury trial when someone sues for damages. But when a lawsuit is for an injunction, such as ordering a school to remove the Ten Commandments, then there is no right to a jury trial, and the judge will conduct a "bench trial" whereby the judge decides the issue.+
American Government Lecture Three (view source)
Revision as of 02:12, September 19, 2012
, 02:12, September 19, 2012→District Court: expand paragraph on jury trials and bench trials
District Court is the trial level, where cases are decided by juries or by the judge himself. There are a total of 89 districts in the 50 United States (New Jersey and Alaska have only one federal district each, but Oklahoma has three!). There are also district courts in territories of the United States, such as Puerto Rico, where proceedings must be conducted by law in English even though Spanish is the language of that island.
District Court is the trial level, where cases are decided by juries or by the judge himself. There are a total of 89 districts in the 50 United States (New Jersey and Alaska have only one federal district each, but Oklahoma has three!). There are also district courts in territories of the United States, such as Puerto Rico, where proceedings must be conducted by law in English even though Spanish is the language of that island.
In federal court, the Seventh Amendment guarantees a right to a jury trial when someone sues for damages. But when a lawsuit is only for an injunction or declaratory relief, such as ordering a school to remove the Ten Commandments, then there is no right to a jury trial, and the judge will conduct a "bench trial" whereby the judge decides the issue. Further, it is possible for both parties to waive their right to a jury trial before a complaint is filed (such as in a contract) or afterwards (by failing to timely request a jury trial).
There is much strategy among attorneys in choosing whether they prefer a jury trial or a bench trial, and some surprising views on the topic. A study found, for example, that often a criminal defendant is better off with a bench trial.
There is much strategy among attorneys in choosing whether they prefer a jury trial or a bench trial, and some surprising views on the topic. A study found, for example, that often a criminal defendant is better off with a bench trial.