What is the difference between a jury trial and a bench trial?
A jury trial and a bench trial are two different types of trial proceedings used in civil law in Wisconsin. A jury trial involves a group of citizens of the state that hear the facts of a case and decide questions of fact. Generally, the jury must be unanimous in their decision. A bench trial is conducted by a judge sitting alone and deciding questions of law and fact. In a jury trial, lawyers for both sides present evidence and call witnesses to prove their respective case. The jury determines whether the evidence presented is convincing and how it applies to the case. The process is much more personable and allows the jury to become familiar with the facts of the case. In a bench trial, the judge hears both parties argue in court and reviews the evidence presented. The judge then decides on the facts of the case and delivers a judgement. This type of trial is less personal as the judge alone hears the case, and the judgement is made much faster, as the judge does not have to wait for the consensus of a jury. In Wisconsin, a jury trial is typically used for more serious cases, whereas a bench trial is more commonly used for cases in which the facts of the case are relatively clear. Ultimately, it is up to the judge to decide which type of trial to use.
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