This is a multi-state form covering the subject matter of the title.
Jury Trial For Civil Cases In Alameda
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State:
Multi-State
County:
Alameda
Control #:
US-000291
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Word;
Rich Text
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FAQ
In a wide variety of civil cases, either side is entitled under the Constitution to request a jury trial. If the parties waive their right to a jury, then a judge without a jury will hear the case.
Superior Court of Alameda County.
Why do so many civil cases settle out of court and never go to trial? Because trials can be expensive and take a long time. No side is guaranteed to win( in most cases) and by settling both parties have a say in the outcome.
A civil case for which a jury is involved is generally a dispute between two or more parties that does not involve a criminal matter and is not a dispute between family members regarding divorce or child custody. In family matters, a judge handles the case without a jury.
All persons accused of a crime or involved in a civil dispute have a constitutional right to have a jury decide their cases.
The Seventh Amendment provides as follows: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than ing to the rules of the common law.”
Constitutional Amendments – Amendment 7 – “The Right to Jury Trial in Civil Affairs” Amendment Seven to the Constitution was ratified on December 15, 1791. It protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value.
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.
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.
Jury trials provide an opportunity for citizens to participate in the judicial process. Jury trials give citizens on the jury the power to make a decision on the case. People who serve on juries routinely have a greater respect for the system when they leave.
More info
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