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A bench trial is a trial
Trial (law)

In law, a trial is an event in which parties come together to a dispute present information in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute....
 held before a judge
Judge

A judge, or arbiter of justice, is a lead official who presides over a court of law,which is operated by the local, state, and/or federal government....
 sitting without a jury
Jury

A jury is a sworn body of people convened to render a rationalism, impartiality verdict officially submitted to them by a court, or to set a sentence or judgment....
. In U.S. law, most civil
Civil law (common law)

Civil law, as opposed to criminal law, refers to that branch of law dealing with disputes between individuals and/or organizations, in which damages may be awarded to the victim....
 trials are bench trials unless a party requests a jury. But a criminal
Criminal law

The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply....
 bench trial will only occur if the right
Right

Rights are legal or moral entitlements or permissions. Rights are of vital importance in theories of justice and deontology.Many contemporary notions of rights are Universality and egalitarianism, with equal rights granted to all people....
 to a jury trial
Jury trial

A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge. It is be distinguished from a bench trial, in which a judge or panel of judges make all decisions....
 is waived
Waiver

A waiver is the voluntary wikt:relinquishment or surrender of some known right or privilege.While a waiver is often in writing, sometimes a person's actions can act as a waiver....
.

he case of a criminal trial, in most states the criminal defendant alone has the ability to waive the right to a jury. In a U.S. civil trial, one of the parties must request a jury trial (and pay a small fee), otherwise a bench trial will result.






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Encyclopedia


A bench trial is a trial
Trial (law)

In law, a trial is an event in which parties come together to a dispute present information in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute....
 held before a judge
Judge

A judge, or arbiter of justice, is a lead official who presides over a court of law,which is operated by the local, state, and/or federal government....
 sitting without a jury
Jury

A jury is a sworn body of people convened to render a rationalism, impartiality verdict officially submitted to them by a court, or to set a sentence or judgment....
. In U.S. law, most civil
Civil law (common law)

Civil law, as opposed to criminal law, refers to that branch of law dealing with disputes between individuals and/or organizations, in which damages may be awarded to the victim....
 trials are bench trials unless a party requests a jury. But a criminal
Criminal law

The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply....
 bench trial will only occur if the right
Right

Rights are legal or moral entitlements or permissions. Rights are of vital importance in theories of justice and deontology.Many contemporary notions of rights are Universality and egalitarianism, with equal rights granted to all people....
 to a jury trial
Jury trial

A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge. It is be distinguished from a bench trial, in which a judge or panel of judges make all decisions....
 is waived
Waiver

A waiver is the voluntary wikt:relinquishment or surrender of some known right or privilege.While a waiver is often in writing, sometimes a person's actions can act as a waiver....
.

United States

In the case of a criminal trial, in most states the criminal defendant alone has the ability to waive the right to a jury. In a U.S. civil trial, one of the parties must request a jury trial (and pay a small fee), otherwise a bench trial will result. See FRCP
Federal Rules of Civil Procedure

The Federal Rules of Civil Procedure are rules governing civil procedure in United States district courts, that is, court procedures for civil suits....
 38.

With bench trials, the judge plays the role of the jury as finder of fact
Trier of fact

A trier of fact is a person who determines Question of facts in a legal proceeding. To determine a fact is to decide, from the evidence, whether something existed or some event occurred....
, in addition to making conclusions of law. In some bench trials, both sides have already stipulated to all the facts in the case (such as civil disobedience
Civil disobedience

Civil disobedience is the active refusal to obey certain laws, demands and commands of a government, or of an occupying power , without resorting to physical violence....
 cases designed to test the constitutionality of a law). These are usually faster than jury trials due to the fewer number of formalities required. For example, there is no jury selection
Jury selection

Jury selection refers to several methods used to choose the people who will serve on a jury. The jury pool is first selected from among the community using a reasonably random method....
 phase, no need for sequestration and no need for jury instructions
Jury instructions

Jury instructions are the set of legal law that jurors should follow when the jury is deciding a civil or criminal case. Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury....
.

A bench trial has some distinctive characteristics, but it is basically the same as a jury trial
Jury trial

A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge. It is be distinguished from a bench trial, in which a judge or panel of judges make all decisions....
 without the jury. For example, the rules of evidence
Rules of evidence

Rules of evidence govern whether, when, how, and for what purpose proof of a legal case may be placed before a trier of fact for consideration....
 and methods of objection
Objection (law)

In the Law of the United States, an objection is a formal protest raised in trial court during a trial to disallow a witness's testimony or other evidence which would be in violation of the rules of evidence or other procedural law....
 are the same in a bench trial as in a jury trial. Bench trials, however, are frequently more informal than jury trials. Without the time consuming showmanship of a jury trial, the parties are often able to concentrate on the real questions at issue. It is also less necessary to protect the record with objections, and sometimes evidence is accepted de bene, or provisionally, subject to the possibility of being struck in the future.

England and Wales


The majority of civil trials that take place in England and Wales do not feature a jury and are heard by a judge sitting alone. The Crown Court is the only court to use juries as a matter of course. Criminal trials are almost always conducted with a jury in session.

Civil law

In most countries with "Roman law" or civil law
Civil law (legal system)

Civil law is a most prevalent legal system in the modern world and the oldest in human history. It is based on a code, or "a systematic collection of interrelated articles written in a terse, staccato style." The two other major legal systems in the world are common law and Islamic law....
, there is no "jury" in the English sense, and trials are necessarily bench trials. However, in more complicated cases, Lay Judges can be called. These are not randomly selected like juries; they are volunteers, and vote as judges.

See also

  • Bench (law)
    Bench (law)

    Bench in law contexts means simply the location in a courtroom where a judge sits. The historical roots of that meaning come from the fact that judges formerly sat on long seats or Bench when presiding over a court....
  • Jury trial
    Jury trial

    A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge. It is be distinguished from a bench trial, in which a judge or panel of judges make all decisions....
  • Criminal law
    Criminal law

    The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply....
  • Civil law
    Civil law (common law)

    Civil law, as opposed to criminal law, refers to that branch of law dealing with disputes between individuals and/or organizations, in which damages may be awarded to the victim....