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Jury Trial For Equitable Relief In Houston
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State:
Multi-State
City:
Houston
Control #:
US-000285
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FAQ
Juries sometimes have difficulty understanding judicial instructions and complicated evidence, are susceptible to emotional appeals, may be biased, deliberate in secret without accountability, and require concentrated trial of all issues at once.
Ing to the Supreme Court, the jury-trial right applies only when "serious" offenses are at hand—petty offenses don't invoke it. For purposes of this right, a serious offense is one that carries a potential sentence of more than six months' imprisonment.
The reason to use a jury is to have a group of ordinary people, completely informed of the evidence, decide on the facts of the case. To use a judge only, is to risk obtaining a purely technical, or even a personally biased view, not a consensus view. To try to a jury is, in concept at least, to try to the community.
What's the difference between a Jury Trial and a Court Trial? In a jury trial, the decision of guilt or innocence is decided by either 6 or 12 citizens who listen to the evidence and make the decision. In a court trial, there is no jury present. The judge listens to the evidence and makes the decision.
In lawsuits seeking equitable relief there is no right to a jury trial; ingly, these types of cases are tried to the judge in a bench trial.
Under Texas law, parties involved in divorce actions have the right to a trial before a jury. Notably, both parties do not have to agree to a jury trial; instead, a case may be presented to a jury based on one party's request.
We recommend a jury trial because it's better to convince multiple people that you are not-guilty rather than one person. In a jury trial, all jurors have to be unanimous–if we can convince one person that you are not guilty, then you won't be convicted. In a bench trial, we only advocate to one person: the judge.
What's the difference between a Jury Trial and a Court Trial? In a jury trial, the decision of guilt or innocence is decided by either 6 or 12 citizens who listen to the evidence and make the decision. In a court trial, there is no jury present. The judge listens to the evidence and makes the decision.
In any trial the judge is the ultimate decision maker and has the power to overturn a jury verdict if there is insufficient evidence to support that verdict or if the decision granted inadequate compensatory damages.
The law entitles all defendants in criminal cases to jury trials ing to the federal standard for "serious penalties." A jury trial isn't mandated if the offense carries a sentence of six months or less. The state can decide whether to provide a jury trial in that situation.
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Legal and equitable claims that previously were brought as separate causes of action on different sides of the court could now be joined in a single action. The right to a jury trial extends to all legal issues in actions formerly within equity's concurrent jurisdiction is a question now open.Legal and equitable claims that previously were brought as separate causes of action on different "sides" of the court could now be joined in a single action. Town defended on ground that bonds were invalid. Court held that prior equitable action was res judicata of town's defense in legal case. Court held that prior equitable action was res judicata of town's defense in legal case. On the amount of equitable relief to be awarded belongs to the trial court. If a party withdraws the jury demand, the case will remain on the jury docket unless all other parties agree to try the case without a jury.