We have brought a case for fraud and breech of contract. Which is better to request: Bench or Jury trial?
Thanks for any and all responses.
Answers:
The answer to your question is simple. The more complicated your case, the more you want a judge (a professional person) rather than a jury (a pool of people whose only commonality is that they couldn't figure out how to get off of jury duty). In short, you want someone who can put emotion aside and sort the facts.
The exception is when your position is factually or legally wrong. Then, you want the less smart people (the jury) so your lawyer (you hope) can dazzle them with smoke and mirrors.
If you are the complaintant I would suggest a bench trial. You only have to convince one person, the judge. You might also have an advantage in that the judge may be knowledgeable in contract law.
If you're the ones bringing the case, you don't typically get to decide. The defendent has to waive his/her/its right to a jury trial, either by a waiver, or by pleading guilty. Then the arguments all take place in front of the bench.
The fact that jury trials are allowed in contract cases is a complete joke. Only in backwards America is garbage like this allowed.
If you are sure of the strong legal footing of your case, get a bench trial.
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