Legal Question in Family Law in California
Family law
Why is there not a jury for a trail in family law?
Asked on 4/12/09, 2:27 pm
1 Answer from Attorneys
Colin Greene
Russakow, Greene & Tan, LLP
Re: Family law
The Constitution of the United States and the California legislature. Under the Constitution, there is a right to a jury trial for legal actions arising under common law. Divorce is not an action arising under common law. Therefore, the California legislature has the authority and would have to enact a law that family law cases are entitled to jury trials.
That will not happen.
Answered on 4/13/09, 11:24 am
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