jury trial

jury trial
Trial of matter or cause before jury as opposed to trial before judge. Such right is guaranteed with respect to criminal cases by Art. Ill, Sec. 2, cl. 3 of U.S.Const., and with respect to "suits at common law, where the value in controversy shall exceed twenty dollars" by the Seventh Amendment.
Such right is also preserved by rule of court (e.g. Fed.R.Civil P. 38) and by the Fifth Amendment which provides inter alia for indictment by grand jury, and the Sixth Amendment which contains further specifications respecting jury trial in criminal cases.
In addition, state constitutions provide for right to jury trial and the Supreme Court has held that the Fourteenth Amendment guarantees a right of jury trial in all state criminal cases whichwere they to be tried in federal court-would come within the Sixth Amendment's guarantee. Duncan v. Louisiana, 391 U.S. 145, 88 S.Ct. 1444, 20 L.Ed.2d 491.
The right to "jury trial" of controverted issues implies a trial by an impartial and qualified jury. Alexander v. R. D. Crier & Sons Co., 181 Md. 415, 30 A.2d 757, 759.
See also trial

Black's law dictionary. . 1990.

Игры ⚽ Поможем решить контрольную работу

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