Trial by jury

What trial by jury means

Put simply, trial by jury is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.

Where trial by jury comes up

For example, the term appears in these procedures:

• Jury Demand (Fed. R. Civ. P. 38(b)): a written demand for a jury trial on issues triable by a jury.

How to research the term

To research trial by jury, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.

You can read the official rule text online for free.

Related legal terms

• Demand: an assertion of a right or a claim, calling on another person to do something.
• Jury: a group of citizens sworn to decide questions of fact and return a verdict.
• Jury trial: a trial in which a jury decides the facts and returns a verdict, while the judge decides questions of law.
• Voir dire: the process of questioning prospective jurors to select a jury. Under Federal Rule of Civil Procedure 47(a), the court may let the parties or their lawyers examine prospective jurors or may examine them itself.
• Peremptory challenge: a party's right to excuse a prospective juror without stating a reason. In federal civil cases, each party is entitled to three peremptory challenges under 28 U.S.C. § 1870. Peremptory challenges may not be used to exclude jurors because of race or sex.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.