ABA Family Legal Guide

How the Legal System Works

The Civil Trial: Step by Step

Juries

Does the U.S. Constitution guarantee me a right to a jury trial in every case?

No, there is no right to a jury trial in every case. In civil cases, the Seventh Amendment guarantees the right to a jury trial in "suits at common law." As a general rule, suits at common law encompass only those civil suits seeking money as compensation for an asserted injury or loss--for example, breach of contract or personal injury actions. The Seventh Amendment's right to a jury trial does not apply if the plaintiff is seeking an "equitable" remedy for his or her injury or loss--for example, an order to the defendant to cease certain conduct or turn over property.

However, Congress has provided for the jury trial option in some instances where the federal Constitution does not require one. State constitutions may also guarantee greater rights to a jury trial.

Chapter 15, "Criminal Justice," provides information on jury trials in criminal cases.