Jury Trial For Equitable Relief In Cuyahoga
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FAQ
(a) The right to a trial by jury as declared by Section 16 of Article I of the California Constitution shall be preserved to the parties inviolate. In civil cases, a jury may only be waived pursuant to subdivision (f).
In lawsuits seeking equitable relief there is no right to a jury trial; ingly, these types of cases are tried to the judge in a bench trial.
Article I, Section 5 | Trial by jury The right of trial by jury shall be inviolate, except that, in civil cases, laws may be passed to authorize the rendering of a verdict by the concurrence of not less than three-fourths of the jury.
Amendment Seven to the Constitution was ratified on December 15, 1791. It protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value. It also prohibits judges in these trials from overruling facts revealed by the jury.
The constitution grants a defendant the right to a 'speedy trial'. Sometimes, the court system can be frustratingly slow when it comes to finishing up a case. A jury trial demand is simply a request that a date be set for a jury trial.
Generally speaking, if there are no factual issues in dispute, a court trial would serve you well. When there are disputed facts, you normally have a better chance convincing a jury than a judge to see things your way. Remember, a jury is strictly the finder of facts in a trial.
Circumstances for Excuse A serious physical or mental condition exists that would expose a prospective juror to undue risk of physical or mental hardship. Prospective jurors 75 years or older, may request an excuse based solely on age. The prospective juror is the sole caregiver to an ill or disabled family member.
Ing to the Supreme Court, the jury-trial right applies only when "serious" offenses are at hand—petty offenses don't invoke it. For purposes of this right, a serious offense is one that carries a potential sentence of more than six months' imprisonment.
Any party may demand a trial by jury of any issue triable of right by a jury by (1) serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue, and (2) filing the demand as required ...