What are basically the 2 types of trials jury and bench?

Asked by: Prof. Glennie Rowe  |  Last update: September 24, 2023
Score: 4.6/5 (74 votes)

The jury determines if a witness is credible, while a judge determines if a witness' testimony is admissible or not based on the rules of evidence. In a bench trial, however, there is no jury who listens to the evidence and decides on the truth of each opposing party's case.

What are the two types of juries and what is the difference?

There are two types of juries serving different functions in the federal trial courts: trial juries, also known as petit juries, and grand juries.

What are the different types of judicial trial?

Types of Trials

All trial types, however, can be categorized into 4 different case types: civil, criminal, juvenile and traffic.

Who chooses bench trial vs jury trial?

For many criminal cases, a jury trial could be a defendant's best option. A jury trial is not mandatory, though. A defendant can waive his/her jury trial and agree to have the judge assigned to the case try the case. When a judge tries your case, that trial is called a bench trial.

What are bench trials in law?

Bench trial refers to the type of trial that does not involve a jury but is conducted by the judge alone, in which the judge both decides the facts of the case and applies the law.

Roles of Judge and Jury

15 related questions found

What is a bench trial called?

A bench trial is also often referred to as a trial by judge. This means there is no jury to decide on the case, and the judge will determine if you're guilty. Before you choose which is suitable for you, you should learn the advantages of trial by judge.

What is the difference between a bench trial and a non jury trial?

Decision Making: The primary difference between jury trials and bench trials is the decision-making authority. In a jury trial, decision making is shared between 12 individuals who must deliberate prior to reaching a verdict. During a bench trial, the judge is the sole individual who determines guilty or not guilty.

What are the two kinds of legal cases?

There are two kinds of court cases: civil and criminal.

Should I have a bench or jury trial?

While we recommend a jury trial in most cases, a bench trial is the better choice when: The defendant wants the case resolved quickly. Bench trials are easier to schedule because a judge can have multiple bench trials in one day. A judge can only have one jury trial in one day.

Are all trials decided by jury?

In the United States, a criminal defendant generally has the right to a trial by a jury. That right is guaranteed by the Sixth Amendment. In two circumstances, however, a criminal case may be decided through a trial by a judge instead of a jury – known as a “bench trial.”

Which type of trial is only heard and decided by a judge?

In a bench trial, however, there is no jury who listens to the evidence and decides on the truth of each opposing party's case. Instead, this becomes the job of the judge as well.

What are the two types of cases heard in the judicial branch?

More specifically, federal courts hear criminal, civil, and bankruptcy cases.

What are the different types of trial courts in the US?

The federal court system has three main levels: district courts (the trial court), circuit courts which are the first level of appeal, and the Supreme Court of the United States, the final level of appeal in the federal system.

What is one major difference between a grand jury and a petit jury?

The Petit jury listens to evidence offered during a trial and returns a verdict. A Grand jury does not appear in trial, but listens to evidence presented by an attorney for the government and determines from the evidence if sufficient probable cause exists for bringing formal criminal charges against an individual.

What is one major difference between a grand jury and a petit jury quizlet?

A grand jury differs from a petit jury in that the grand jury determines whether the evidence of guilt is sufficient to warrant a trial, a petit jury determines guilt or innocence in criminal cases and decides the winner in civil cases.

Are judges and juries the same?

Many countries use juries as part of their legal system. In most countries that use juries, they are triers of fact, meaning juries determine the facts present in the case. Judges, on the other hand, are triers of law, meaning they determine the legal issues in the case.

Why would someone choose a bench trial?

A defendant may elect for a bench trial because judges can apply the law in a more neutral, dispassionate way. Given their professional experience, they can set aside any potential biases. For example, a bench trial may be preferable if the case is high-profile and has attracted wide press coverage.

How do you win a bench trial?

This article provides important tips for a bench trial to ensure that you are positioned for success.
  1. Shape the Judge's View of Your Case Prior to Trial. ...
  2. Use the Judge's Published Opinions as a Roadmap to Success. ...
  3. Know and Understand Your Audience. ...
  4. Prepare to Be Flexible. ...
  5. Conclusion.

What is an example of a bench trial?

This a courtroom where very minor issues are decided. Most of these courts are adjudicated by a bench trial. For example, judges make rulings on traffic violations, alimony payment, divorce proceedings, and some minor misdemeanors. It is often unnecessary to panel a full jury for these issues.

What is the opposite of bench trial?

A bench trial is a trial by judge, as opposed to a trial by jury.

What is a trial with a judge but not a jury called?

bench trial - Trial without a jury in which a judge decides the facts. In a jury trial, the jury decides the facts. Defendants will occasionally waive the right to a jury trial and choose to have a bench trial.

Why would someone have a non-jury trial?

Pros of the Non-Jury Trial

A bench trial, by its nature, saves you significant time and resources. A jury trial for a particular case might take days or weeks to try due to the court procedures and juror schedules. The same trial, conducted before a judge, might take a matter of hours or even minutes.

Are witnesses called in a bench trial?

The Plaintiff will call a witness to the stand. The Judge will administer the oath. (a) The Plaintiff will question the witness. (b) The Defendant may question the witness about the information just covered.

Who hears the case in a bench trial?

A jury trial is where a jury hears the case, and a bench trial is where a judge hears the case. A jury is made up of people from the community or jurisdiction of the court.

What is the meaning of a jury trial?

jury trial. n. a trial of a lawsuit or criminal prosecution in which the case is presented to a jury and the factual questions and the final judgment are determined by a jury. This is distinguished from a "court trial" in which the judge decides factual as well as legal questions, and makes the final judgment.