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Glossary

Jury trial

A trial where a jury of community members hears the evidence and decides the facts. The judge still runs the trial and decides legal questions, but the verdict comes from the jury.

The right to a jury trial is built into the U.S. Constitution: the Sixth Amendment guarantees it in serious criminal cases, and the Seventh Amendment guarantees it in civil cases above a small dollar amount in federal court. Most state constitutions echo these protections.

But the right can be waived. In civil cases, both sides have to demand a jury within deadlines, or they get a bench trial by default. In criminal cases, defendants often want a jury, but they can waive the right and ask for a bench trial if they think the judge will be more favorable.