Legal Question in Business Law in California

do juries always decide trials in civil cases who else can decide a trial and when would that occur


Asked on 5/14/12, 11:15 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Most civil trials can be decided by either a jury or the judge. A jury will decide such a case if any party properly asks for one and pays the associated fees. If none of the parties does this, the case will be decided by the judge.

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Answered on 5/15/12, 11:47 am
Jeannette Darrow Jeannette C.C. Darrow, Attorney at Law

Civil trials can be decided by either a jury or a judge. A "judge trial" is called a "bench trial." In a civil lawsuit, both parties have a say in whether the case is heard by a judge or jury. If only one party wants a jury trial, the case will be heard by a jury. If neither party wants a jury, the case will be heard by a judge. A jury must be requested at a certain time in the case and jury fees must be paid, or else the jury demand is waived.

Some cases never make it to trial and are ended with a decision in one party's favor following a "Motion for Summary Judgment." In that case, the judge decides the outcome.

Additionally, even in some jury trials, there may be certain issues that are decided by a judge and the jury only decides the remaining issues.

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Answered on 5/15/12, 12:19 pm
Anthony Roach Law Office of Anthony A. Roach

I would add to Ms. Darrow's excellent answer by adding that small claims cases are also bench trials.

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Answered on 5/16/12, 10:00 am


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