Business Law: should civil courts use a bench trial where the judge decides the
ID: 1131867 • Letter: B
Question
Business Law: should civil courts use a bench trial where the judge decides the outcome of a civil dispute, or a jury trial where twelve members of the public determine liability? Business Law: should civil courts use a bench trial where the judge decides the outcome of a civil dispute, or a jury trial where twelve members of the public determine liability? Business Law: should civil courts use a bench trial where the judge decides the outcome of a civil dispute, or a jury trial where twelve members of the public determine liability?Explanation / Answer
Basically there is a divided opinion regarding the use of bench or jury trial in civil cases related to business law. In less important cases like insurance claims etc., where the defense is usually at the advantageous position, bemch trial is preferred because judge has more clarity related to questions of both fact and law.
But,in general cases of business law, plaintiffs prefer a jury trial, as the jury is easier to persuade than the judge, and the jury is considered as a better audience. Due to this reason, the jury may award greater compensation than the judge. Plus, in civil cases the onus of proof is lower than the criminal cases, so it's easier to influence a jury.
The only negative point regarding jury trial is that they are not trained in law, so they might skip the law point, otherwise, jury trial is better than bench trial in a civil case.
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