Asked by DELANEY BOLAND on May 15, 2024
Verified
Which amendment to the U.S. Constitution permits a civil jury trial? Is a jury trial required in a civil case? Who decides this and why?
Civil Jury Trial
A legal proceeding wherein a group of citizens (the jury) determines the outcome of a dispute between parties in a civil case.
Amendment
A modification or change made to a document, law, constitution, or agreement.
- Comprehend the basic principles and objectives of pleadings within legal disputes.
- Elucidate the standards, aim, and consequences of a motion for summary judgment.
Verified Answer
BN
bruce niyonzimaMay 19, 2024
Final Answer :
The Seventh Amendment guarantees the right to a jury trial in federal courts in all "suits at common law" when the amount in controversy exceeds $20 (the equivalent of forty days' salary at that time). If this threshold requirement is met, either party may request a jury trial.
The right to a trial by jury does not have to be exercised, and many cases are tried without one. In most states and in federal courts, one of the parties must request a jury trial, or the right is presumed to be waived (i.e., the court will presume that neither party wants a jury trial).
The right to a trial by jury does not have to be exercised, and many cases are tried without one. In most states and in federal courts, one of the parties must request a jury trial, or the right is presumed to be waived (i.e., the court will presume that neither party wants a jury trial).
Learning Objectives
- Comprehend the basic principles and objectives of pleadings within legal disputes.
- Elucidate the standards, aim, and consequences of a motion for summary judgment.