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the judge doesn't decide jury or non jury
the defendant (person being sued) can decide to have a jury in any civil case (one person suing another) involving more than $25, or in any criminal case (the government vs a person).
also, in some criminal cases (like murder) they have to have a jury trial.
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What is a bench trial?
A "bench trial" is a case heard by a judge without a jury. In a jury case, the jury decides the facts of the case -- what is true and not true -- and the judge decides the law. In a bench trial, the judge determines the facts and the law.
Who decides the outcome of cases in a municipal court?
Judge/Jury
Who decides a bench trial?
A "bench trial" is a trial before a judge sitting without a jury. The judge alone decides the case.
Who decides civil lawsuit?
civil lawsuits are heard by a jury, then they make the decision. only if both parties agree to a non-jury trial does a judge make the decision.
Who decides the facts that lead to a death sentence?
The jury in a jury trial. In the event of a bench trial, the trial judge.
Who decides the facts in the case?
In a jury trial, the jury (petit jury) would determine which facts are (most likely) true or fabricated, as well as determine the guilt or innocence of the defendant. In a trial without a jury, this role would be carried out by the judge or magistrate.
What is the difference between a grand jury and a jury?
A Grand Jury hears primarily from the prosecutor, usually in sessions that are closed to the press and the public, and decides whether there is enough evidence to charge someone and to hold a trial. A jury (or Petit Jury) hears evidence from both prosecutor and defense in a courtroom before a judge where any member of the press and the public can come and observe. The Judge tells the jury what the law says and the jury decides if the facts indicate guilt beyond a reasonable doubt. The judge then releases the defendant (if found not guilty) or passes sentence (if found guilty).
What function does a judge assume when presiding over a non-jury trial?
He becomes the "Trier of Fact."AnswerIn a non-jury trial the judge has two roles.The "finder of fact" parallels the role of the jury. A judge's other role is to determine what the applicable law is and then apply the law to the facts.
If there is no jury in civil court what do they do?
If there is a non-jury trial then no jury is ever chosen or convened. The entire case is heard by a judge who will then render a verdict.
What acts as the judge and jury?
Not surprisingly, a Judge and Jury act as judge and jury.
Does jury instructions contain the judge's opinion of the evidence presented?
Jury instructions are presented by the judge to the jury. The judge explains what the laws are that govern the case at hand. Jury instructions define the elements of the charged offense and define the burden of proof. Each attorney gives the judge a set of proposed jury instructions. The judge considers each instruction and then decides which ones properly state the law that applies to the case. She then makes her instruction to the jury. The jurors must accept and follow the law as instructed by the judge and use that instruction in their deliberations as they weigh testimony and evidence presented at the trial. Jury instructions are not evidence.
What happens when the prosecution and defense have conflicting expert witness testimony?
That happens a lot. The judge or jury decides who is more beleivable.
