Legal Question in Business Law in California

jury

Do juries always decide trials?


Asked on 9/13/08, 5:37 pm

4 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: jury

Finally, in certain civil cases the judge can overrule the jury and give a judgment contrary to the verdict.

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Answered on 9/14/08, 4:40 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: jury

No. In come cases, the parties might waive their right to a jury trial and have the judge decide the case. Not all matters involve the right to a jury trial and some matters can be decided by the judge without a jury.

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Answered on 9/13/08, 6:57 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: jury

To add on to what Mr. Starrett has written, cases that solely ask for an injunction or other types of what legally are called "equitable relief" cases do not get tried to a jury. In the old days (read that: England), there were two types of courts: those that that did equity, and those that ruled on matters of law. More modernly, those types of courts have merged, but the type of case still determines what type of trial is provided.

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Answered on 9/13/08, 7:20 pm

Re: jury

No, not always. As a general rule, juries decide criminal cases in which the defendant faces possible lengthy jail time. On the civil side, juries decide cases that involve questions of fact. Judges generally decide criminal cases with light penalties and civil cases that involve purely questions of law or equity.

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Answered on 9/13/08, 8:18 pm


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