Also known as: jury trial rights · right to jury trial · right to a jury trial · jury trial · trial by jury
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional entitlement to have factual disputes resolved by a jury rather than a judge. The right attaches in suits at common law where the amount in controversy exceeds twenty dollars. Once a jury has decided an issue of fact the court may not reexamine that finding except according to established common-law procedures.
Justin Jarvis sued Jones Petroleum in federal court for breach of contract seeking $75,000 in lost profits. Jarvis made a timely jury demand. Jones Petroleum moved to strike the demand on the ground that contract interpretation is an equitable matter. The court denied the motion because the claim sought legal damages exceeding twenty dollars and therefore preserved the jury trial right.
Jada Jones faced criminal charges and met with her lawyer to discuss strategy. The lawyer explained the advantages of a bench trial but Jada decided she wanted a jury. Under the rules the lawyer was required to follow Jada's decision on whether to waive the jury trial right.
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Jamal Jefferson's criminal trial began when the jury was empaneled and sworn. The prosecutor later moved to dismiss and refile the same charges after discovering a witness problem. The court denied the motion because jeopardy had attached and the jury trial right barred retrial for the same offense.
Jillian James sought an injunction against a neighbor's ongoing trespass that damaged her property. The neighbor argued that factual disputes required a jury trial and therefore blocked injunctive relief. The court rejected the argument and proceeded because the need for a jury on factual issues does not render an injunction inappropriate.
Jacob Jennings prevailed at a jury trial on a negligence claim and received a substantial damages award. The defendant moved for a new trial claiming the verdict was against the weight of the evidence. The court considered the motion under the standards historically applied to actions at law after a jury trial.
Joy Jiang was entitled to a jury trial on felony charges. Her lawyer filed a written waiver signed by Jiang. The government consented and the court approved the waiver. The trial therefore proceeded without a jury because all required conditions for waiver were satisfied.
The right attaches once the jury is empaneled and sworn. After that point the defendant is generally protected against retrial for the same offense.
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No. The lawyer must abide by the client's decision on whether to waive jury trial after consultation. The client alone makes that choice.
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No. An injunction remains available even when factual issues would require a jury trial. The availability of injunctive relief is determined by comparing the consequences of that remedy with alternative remedies.
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The court applies the reasons for which a new trial has historically been granted in actions at law. The motion may be granted on all or some issues.
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The defendant must waive the right in writing. The government must consent and the court must approve the waiver.
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…his accusation as a lie. Dispensing with confrontation because testimony is obviously reliable is akin to dispensing with jury trial because a defendant is obviously guilty. This is not what the Sixth Amendment prescribes. B The legacy of Roberts in other courts vindicates the Framers' wisdom in rejecting a…