| The civil court system is based on the rule of law. The | | | | are then asked to award monetary damages. |
| application of that rule of law to individual cases can be | | | | There is a second approach that often happens in civil |
| done in one of two ways, through a bench trial or | | | | trials. It is called a bench trial. As the name suggests, |
| through a jury trial. In this article, we take a look at both. | | | | the evidence is heard by a judge instead of a jury. In |
| You have the right to a trial before your peers. This is | | | | most states, this only occurs when both parties |
| a statement we all learn in civics class and hold dear | | | | voluntarily agree to have the matter handled in this |
| to our heart. It is also absolutely true in a criminal case. | | | | way. Why would they forgo a jury? There are |
| Why? Because a criminal case involves the state | | | | numerous reasons. The most common is the case |
| trying to take away your liberty, i.e., put you in jail. Ah, | | | | involves some complex issue that will be very difficult |
| but what about civil lawsuits where the government is | | | | to explain to a jury much less convince them of who |
| not prosecuting the case? Well, things get a bit murkier. | | | | should prevail. A case about whether the exemption |
| A civil court case can be decided in one of two ways. | | | | language in a liability insurance policy was sufficiently |
| The first is the classic jury trial. In such a case, the | | | | one-sides as to be considered an adhesion contract |
| plaintiff is the suing party. The plaintiff tries to prove the | | | | and void might be one such situation. |
| elements of some cause of action against the | | | | So, which should you select if you are involved in a |
| defendant. The defendant then tries to refute one or | | | | lawsuit? There is no "right" answer. Every situation is |
| more elements of the plaintiff's case. The | | | | different, so speak with your lawyer to ascertain the |
| determination of which party is correct is heard by a | | | | best choice in your case. |
| jury. If they decide in favor of the plaintiff, they usually | | | | |