Legal Definitions - nonjury

Nonjury

The term "nonjury" describes a legal proceeding or trial where a judge, rather than a group of citizens acting as a jury, is solely responsible for deciding both the facts of the case and the applicable law. In a nonjury setting, the judge listens to all the evidence presented by the parties, considers their arguments, and then issues a final decision or judgment. This type of proceeding is also commonly referred to as a "bench trial."

Here are some examples illustrating the concept of a nonjury proceeding:

• Example 1: Complex Commercial Dispute

  A large corporation sues a software developer for breach of a multi-million dollar contract, alleging that the custom software delivered was defective and caused significant financial losses. Given the highly technical nature of the evidence, including source code analysis, expert testimony on software engineering, and complex financial projections, both parties agree that a judge with experience in commercial law would be better suited to understand and rule on the intricate details. They therefore request a nonjury trial.

  Explanation: This scenario illustrates a nonjury trial because the decision-making authority for both factual determinations (e.g., whether the software was defective) and legal conclusions (e.g., whether a breach of contract occurred) rests entirely with the judge, not a jury. The complexity of the subject matter often makes a nonjury trial a preferred option in such cases.

• Example 2: Defendant's Choice in a Criminal Case

  A person accused of a misdemeanor offense, such as petty theft, decides that they would prefer a judge to determine their guilt or innocence rather than a jury. After consulting with their attorney, they formally waive their right to a jury trial, opting instead for a nonjury trial before the court.

  Explanation: In many jurisdictions, a defendant in a criminal case has the constitutional right to a jury trial but can choose to forgo that right. When they do, the case proceeds as a nonjury trial, meaning the judge alone will hear the evidence, weigh the facts, and deliver the verdict.

• Example 3: Family Law Matters

  During a divorce proceeding, a couple cannot agree on the division of their marital assets or a custody arrangement for their children. The case proceeds to court for a resolution. The judge presides over hearings where both parties present evidence regarding their finances, parenting abilities, and the children's best interests. The judge then issues orders regarding asset division, child custody, and support.

  Explanation: Family law cases, including divorce, child custody, and support disputes, are almost universally handled as nonjury proceedings. These matters often involve sensitive personal details, ongoing supervision, and equitable considerations that are traditionally within the purview of a judge rather than a jury.