Also known as: jury trial right · right to jury trial · rights to a jury trial · right to a jury trial · trial by jury · jury trial
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional guarantee that preserves the right to have factual issues decided by a jury rather than a judge in suits at common law where the amount in controversy exceeds twenty dollars. The guarantee also extends to serious criminal prosecutions and attaches once a jury is empaneled and sworn. Waiver of the right must follow prescribed procedures such as a written election by the defendant in criminal cases.
Javier Jimenez sued Jiang Textiles for breach of a supply contract seeking $45,000 in damages. The complaint demanded a jury trial under the Seventh Amendment. The court seated a jury that heard the evidence and returned a verdict for Jimenez. No later court could reexamine the jury's factual findings except under common-law standards.
James Johnson faced federal fraud charges and met with his lawyer to discuss strategy. Johnson decided he preferred a bench trial and instructed counsel to waive the jury. The lawyer documented the decision in writing and obtained Johnson's signature before filing the waiver with the court.
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John Jones was tried on theft charges. After the jury was empaneled and sworn, the prosecutor discovered a key witness had disappeared. The government moved to dismiss and refile the charges. The court denied the motion because jeopardy had attached when the jury was sworn.
Jacqueline Juarez sought an injunction to stop a neighbor's ongoing trespass that damaged her property. The neighbor argued an injunction was improper because factual disputes would require a jury trial. The court granted the injunction anyway, holding that the need for jury fact-finding did not render injunctive relief inappropriate.
Judy Jacobs prevailed in a personal-injury jury trial and received a substantial damages award. The defendant moved for a new trial under Rule 59, claiming the verdict was against the weight of the evidence. The court considered the motion on the same grounds that would have supported a new trial at common law.
Jacob Jennings was charged with a serious federal offense and wished to proceed without a jury. His attorney prepared a written waiver that Jennings signed in open court. The government consented and the judge approved the waiver, allowing a bench trial to proceed.
The right attaches once the jury is empaneled and sworn. After that point the defendant is protected against retrial for the same offense under double-jeopardy principles.
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The defendant must execute a written waiver. The government must consent and the court must approve the waiver before a bench trial may proceed.
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No. An injunction remains available even when factual issues would ordinarily be tried to a jury. The Restatement treats the jury-trial factor as one consideration among others in the appropriateness analysis.
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The court applies the same grounds that historically supported a new trial at common law in actions at law. Rule 59 expressly incorporates those traditional standards.
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…unless plaintiff presents prima facie evidence at least 30 days before trial to sustain such damages; provide for bifurcated jury trial on request of defendant; and permit punitive damages only if compensatory damages are awarded). - Virginia —H. 1070, 1994-1995 Reg. Sess. (introduced Jan. 25, 1994) (would require…