What is a trial with a judge but not a jury called?
Asked by: Lilyan Sanford DDS | Last update: November 2, 2025Score: 5/5 (44 votes)
Sometimes, both sides agree to let a Judge listen to the evidence and decide the case without a jury; this is called a "bench trial".
What is a trial heard by a judge and not a jury?
11. What is the difference between a bench trial and a jury trial? A bench trial is a trial where the judge is the sole fact-finder; that is, the judge alone makes a decision on the merits of your case after both sides have presented evidence.
What is a trial by a judge without a jury called?
bench trial - Trial without a jury in which a judge decides the facts.
What is the only type of trial that is not heard by a jury?
Bench Trials
Instead, a judge is responsible for reviewing evidence and making a decision about a person's guilt or innocence. Not only are lawyers not required to inform a jury about the various laws and evidence involved with a case, these proceedings do not require opening statements or jury instructions.
Why are some trials without jury?
The common reason for opting out of a jury trial is that the defense is highly technical either because of the facts or the law, and would be hard for the jury to grasp. The nuances of the law at issue are not readily apparent to a ordinary juror, but are likely within the understanding of the judge.
What is the difference between a bench trial and a jury trial.
What is a non jury trial?
(c) Nonjury Trial. In a case tried without a jury, the court must find the defendant guilty or not guilty. If a party requests before the finding of guilty or not guilty, the court must state its specific findings of fact in open court or in a written decision or opinion.
What is a judge trial?
The trial judge will decide motions to dismiss , rule on whether evidence is admissible or not, empanel the jury , preside over the trial , and decide questions of law . At a bench trial , the trial judge will even decide questions of fact , delivering summary judgment in a civil case or a verdict in a criminal case.
What type of case can be tried without a jury?
Misdemeanor cases are less severe crimes, such as minor drug offenses, shoplifting, and traffic violations. Defendants in misdemeanor cases do not have the right to a trial by jury. Instead, the case is decided by a single judge. However, in some states, a defendant may request a jury trial in a misdemeanor case.
Is it better to have a judge or jury trial?
Lawyer folk wisdom often points to choosing a jury if a case has emotional appeal, and choosing a judge if a case is complex and based on technical legal questions. Of course, you may end up with a jury trial even if you prefer a judge trial because your adversary may have an independent right to insist on having one.
What does "voir dire" mean?
What does the term "voir dire" mean? The phrase "Voir Dire" literally means, "to speak the truth." In court, it refers to a process of determining whether a juror can serve fairly and impartially in a given case by asking the juror various questions.
What is a petit trial?
Petit Jury: A petit jury is a trial jury for both civil and criminal cases. The petit jury listens to evidence offered during a trial and returns a verdict. A verdict in a civil case may be a finding for the plaintiff or for the defendant.
What is a trial in front of a judge only?
Bench Trials Pros
Generally speaking, bench trials tend to be shorter than jury trials. This is because there is only one judge hearing the case rather than a panel of jurors. Bench trials also tend to be less expensive than jury trials, as they require fewer people and resources.
What happens to 90% of cases?
According to the Department of Justice's Bureau of Justice Assistance, " The overwhelming majority (90 to 95 percent) of cases result in plea bargaining. "
What is a trial without a jury called?
bench trial. 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 .
Can a judge overrule a jury?
In American state courts, JNOV is the practice whereby the presiding judge in a civil jury trial may overrule the decision of a jury and reverse or amend their verdict. In literal terms, the judge enters a judgment notwithstanding the jury verdict.
What is a trial held before a judge and without a jury called quizlet?
A trial held before a judge and without a jury is known as: an en banc trial.
Why do some trials not have a jury?
Bench trials are a distinctive feature of the judicial system, occurring when a defendant forgoes the right to a jury trial, either out of strategy or necessity. In some cases, a bench trial may be mandated by law, particularly when the charges are of a less serious nature that does not warrant a jury's involvement.
Who is more powerful, a judge or a jury?
Ultimately, it's up to the judge to rule on these issues of law, and decide which evidence can be considered. Therefore, the jurors should only make their decision based on what is seen and heard in the courtroom, and nothing else. Courts have other standard rules, to make sure the entire process is fair and impartial.
How much does a bench trial cost?
The dollar amount of how much a bench trial will cost the involved parties can vary drastically. While it may only cost a few hundred dollars for a guardianship bench trial, it could quickly cost more than $100,000 if it is a severe criminal case that requires significant preparation.
What are 3 alternatives to a jury trial?
Two alternatives to the jury trial are suggested: providing a summary trial by magistrate and dealing with more serious offenses by a panel of three judges or by a judge and a panel of trained assessors possessed of specialized knowledge for particular types of cases.
Why would someone want a bench trial?
A judge may also be less emotionally swayed by certain evidence than would a jury. A bench trial is also faster and the judge often returns a “finding” (the functional equivalent of a verdict) much quicker than in a jury trial.
How long do most trials last?
Trial length depends on how complex the issues are and how long jurors spend in deliberations. Most trials last 3-7 days, but some may go longer. The judge knows approximately how long the trial will take and he or she will give you an idea when your group is called for jury selection.
Why is trial by judge better?
Judges act as the finders of fact and makers of conclusions of law; Typically shorter/take less time; Do not have to be “paid for” prior to trial; and. Cost substantially less.
Can a judge deny you a trial?
In California, a judge can deny a request for a trial, but it's essential to understand the circumstances and the legal process involved.
Who goes last in closing arguments?
The defendant usually goes second. The plaintiff or prosecution is usually then permitted a final rebuttal argument. In some jurisdictions, however, this form is condensed, and the prosecution or plaintiff goes second, after the defense, with no rebuttals.