Q: DOES ONE HAVE A CONSTITUTIONAL RIGHT TO A JURY TRIAL IN CIVIL CASES IN CALIFORNIA
A: Yes. See:
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 16. Trial by jury is an inviolate right and shall be secured
to all, but in a civil cause three-fourths of the jury may render a
verdict. A jury may be waived in a criminal cause by the consent of
both parties expressed in open court by the defendant and the
defendant's counsel. In a civil cause a jury may be waived by the
consent of the parties expressed as prescribed by statute.
In civil causes the jury shall consist of 12 persons or a lesser
number agreed on by the parties in open court. In civil causes other
than causes within the appellate jurisdiction of the court of appeal
the Legislature may provide that the jury shall consist of eight
persons or a lesser number agreed on by the parties in open court."
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