Is a jury trial a guarantee in a Civil case? Why or why not? How does one go about getting a jury trial in a Civil case? Who bears the cost of the jury? What is your opinion of all of this?
2. We have learned and discussed that the burden of proof in a Civil trial is that a party must have the “preponderence of evidence, as produced by legal and credible evidence”. Why is this a lower threshhold, as opposed to a Criminal case?
3. What might the punishments be in a Civil case? (Hint, there are two types of punishments, one is at law, and the other is in equity.) What do these mean, and how are they both used. Why would one seek that they must have an in equity solution to a Civil case?
4. More than 85% of Civil cases are settled without a trial. What might be some of the reasons for this? What considerations might a client wish to know prior to going to court? Must the client follow the recommendation of the attorney? Who has the final answer to how one will proceed into Civil litigation in the court? Why do you think that this is so? What is the obligation of the attorney if the client wishes to proceed against the attorney’s advice?