The civil court system is based on the rule of law. The application of that rule of law to individual cases can be done in one of two ways, through a bench trial or through a jury trial. In this article, we take a look at both.

You have the right to a trial before your peers. This is a statement we all learn in civics class and hold dear to our heart. It is also absolutely true in a criminal case. Why? Because a criminal case involves the state trying to take away your liberty, i.e., put you in jail. Ah, but what about civil lawsuits where the government is not prosecuting the case? Well, things get a bit murkier.

A civil court case can be decided in one of two ways. The first is the classic jury trial. In such a case, the plaintiff is the suing party. The plaintiff tries to prove the elements of some cause of action against the defendant. The defendant then tries to refute one or more elements of the plaintiff's case. The determination of which party is correct is heard by a jury. If they decide in favor of the plaintiff, they usually are then asked to award monetary damages.

There is a second approach that often happens in civil trials. It is called a bench trial. As the name suggests, the evidence is heard by a judge instead of a jury. In most states, this only occurs when both parties voluntarily agree to have the matter handled in this way. Why would they forgo a jury? There are numerous reasons. The most common is the case involves some complex issue that will be very difficult to explain to a jury much less convince them of who should prevail. A case about whether the exemption language in a liability insurance policy was sufficiently one-sides as to be considered an adhesion contract and void might be one such situation.

So, which should you select if you are involved in a lawsuit? There is no "right" answer. Every situation is different, so speak with your lawyer to ascertain the best choice in your case.