This form contains several boilerplate contract clauses that provide for an enforceable waiver of the right to trial by jury for any actions or claims that may arise under the contract agreement.
Alaska Negotiating and Drafting an Enforceable Jury Waiver Provision
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FAQ
In a jury trial waiver clause, the parties agree that if there is any litigation arising out of or relating to their agreement, each party waives its right to have a trial by jury.
By asking consumers to waive their right to a jury trial, companies can ensure that any problems or conflicts that arise between the buyer and the seller can be settled outside of court. Oftentimes, these problems are solved through arbitration, or negotiation outside of a court setting.
Defendants will occasionally waive the right to a jury trial and choose to have a bench trial. beyond a reasonable doubt - Standard required to convict a criminal defendant of a crime. The prosecution must prove the guilt so that there is no reasonable doubt to the jury that the defendant is guilty.
Businesses don't like that. In general, you do not want to give up your right to a jury trial in contracts that you sign. You may be giving up some leverage you have if you get into a dispute with that party. Jury trial waivers may be looked at closely as to their validity.
There are several reasons a criminal defendant would want to waive their right to a jury trial. For instance, if the crime the defendant is accused of is particularly heinous and a reasonable jury might be predisposed to prejudice the client, a bench trial could result in a fairer verdict.