Q: Can you get both a bench and jury trial in a case or is it one or the other?
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A:
In most legal systems, you generally have to choose between a bench trial or a jury trial for a given case. A bench trial is where the judge alone hears the case and makes the decision, while a jury trial involves a group of peers who listen to the evidence and determine the verdict.
There are specific circumstances and rules about which cases can have a jury trial and which are heard by a judge. For instance, criminal defendants often have the right to a jury trial, but they can waive this right and opt for a bench trial instead. Civil cases may also offer the option for a jury trial, depending on the nature of the dispute and the laws of the jurisdiction.
In some situations, certain pre-trial matters might be decided by a judge before a jury trial begins. However, the actual trial itself will usually be one or the other. If you’re unsure about your options or what might be best for your case, consulting with a lawyer can help you understand the implications and make an informed decision.
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