Also known as: jury trials · trial by jury
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional guarantee that factual issues in common-law suits exceeding twenty dollars be decided by an impartial jury rather than a judge alone.
Jason Jung sued Jones Petroleum for unpaid wages and sought $45,000 in back pay plus compensatory damages. He served a timely written jury demand with the complaint. The court placed the case on the jury docket and scheduled voir dire because the claim sought legal relief above the constitutional threshold.
Jeanette Jensen faced criminal charges and met with her lawyer to discuss strategy. She instructed counsel to waive the jury and proceed with a bench trial after weighing the risks. The lawyer followed the directive and filed the written waiver with the court.
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Jerome Jackson's jury was selected and sworn in for a theft prosecution. The next day the prosecutor moved to dismiss and refile identical charges. The court barred the second prosecution because jeopardy had already attached when the jury was empaneled.
Jensen Farms sought an injunction against a neighboring operation plus substantial tort damages for crop loss. The defendant moved to strike the jury demand because equitable relief was requested. The court denied the motion and submitted the damages and causation issues to the jury.
Jorge Juarez prevailed at a jury trial on a personal-injury claim and received a substantial verdict. The defendant moved for a new trial arguing the damages were against the weight of the evidence. The court evaluated the motion under the standards historically applied to jury-tried actions at law.
James Johnson was charged with a serious federal offense and wished to waive the jury. Defense counsel prepared a signed written waiver that the defendant executed in open court. The government consented and the judge approved the waiver, allowing a bench trial to proceed.
The right attaches to legal claims seeking money damages exceeding twenty dollars. When both legal and equitable claims are present the jury decides the legal claims and any common factual issues first.
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Jeopardy attaches when the jury is empaneled and sworn. After that point the defendant is generally protected from retrial for the same offense.
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The decision whether to waive a jury trial belongs to the client. The lawyer must abide by the client's choice after consultation.
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A judge may not unilaterally increase an inadequate jury award. The only permissible remedies are a new trial or remittitur with the plaintiff's consent.
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The defendant must execute a written waiver. The government must consent and the court must approve the waiver.
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…in civil actions. "Such rules shall not abridge, enlarge or modify any substantive right and shall preserve the right of trial by jury . . . ." Under the cases construing the scope of the Enabling Act, Rule 4 (d) (1) clearly passes muster. Prescribing the manner in which a defendant is to be notified that a suit has been…