When its time to try a case, there are sometimes some options. Criminal matters are almost always determined by a jury. But in civil cases, one can often choose either a jury or a judge to decide the case. So which one is better? Are there any benefits for each other?
Why you can choose a bench sample
A judgment decided by a judge without the jurys help is often called a bench test. In the bench test, the judge takes two roles: the judges judgment that governs the taking of evidence and decides on issues of law, and the one who finds the fact that ultimately determines how much weight to give testimony of different witnesses and the credibility of the evidence. Some cases must be handled by a judge in a bench sample.
These include cases that contain only issues of law or equity (eg divorces, custody, foreclosures, permanent ban and others). Cases that allow for a trial by the jury usually include those where the ultimate goal is payment of money to compensate for damage or damage.
Some litigators and parties may prefer bench tests if they have a particularly complicated case that they think may confuse a jury. Bench attempts can also be an excellent option for largely different parties (eg homeowners, insurance companies or unpopular political organizations). Bench attempts tend to make outcomes more favorable to the respondents, and therefore lawyers (especially insurance) often defend bench samples on their customers to avoid the huge judgments that lawyers have sometimes granted sympathetic victims.
Why a jurys trial is usually a better choice
For most plaintiffs, the jurys trial (when available) is a better choice for a number of reasons. First, the level of evidence in a civil case is much lower than in a criminal. While judges have a more firm grip on the burden of proof and how the burden can be changed based on evidence and defense made throughout a case, jury usually does not. The burden they usually understand and adhere to is the consideration of the evidence (that is, something is more likely than not).
As a result, the vast majority of the jury will find that the applicant has shown a consideration of the evidence in favor of his position, in any event, which has survived the trial. It makes a plaintiffs job much easier and allows one to focus more on maximizing the available recovery than dealing with the legal complications of any defense that may need to be overcome.
Juries also tend to be a lot easier audience than judges. Communicating with a jury is more about telling a persuasive story. Juries tend to be more interested in judging mistakes more because you would analyze the story of a good game or book. They listen to the drama evolves through arguments and testimony and then decide the case based on who they think will win under the circumstances. Judges, on the other hand, are much less influenced by an emotional appeal of a case, and tend to decide on the basis of legal shades and subtle legal understandings than would ever be the average lawyer. Thus, they can make a completely different verdict than a jury, simply because they do not analyze the case as a regular playperson, but as a highly educated and experienced lawyer.
Finally, the biggest advantage of a jury sample is the amount that the jury tends to assign. Juries are much more guided by their lusts than judges, so a particularly convincing story about how a victim suffered from injury or injury in the defendants hands can lead to a much stronger award than a lethal judge would give. It is thus no surprise that the greatest judges in American history have all come from the jurys trials.
Disadvantage of the jurys attempt
Of course, a jury attempt is not without its pitfalls. It is important to know how to address a jury, how to properly select a panel and how to avoid a myriad of procedural pitfalls that juries can create. Therefore, it is important to have an experienced, licensed lawyer when practicing a case, especially a jury member.
To find a lawyer in your area with experience in investigating cases in front of jury, visit HG.org and use lawyer search functions. Remember that jury exercises are basically a blend of high-efficiency legislation combined with the drama of a stage production, so finding the right attorney to handle a particular case can be the key to a mediocre recovery and something that really changes in life.