ABA Family Legal Guide

How the Legal System Works

The Civil Trial: Step by Step

Juries

How does a bench trial, where a judge conducts the trial without a jury, differ from a jury trial?

In a jury trial, the fact-finding function belongs to the jury and the judge provides the jury with instructions on how to apply the law to those facts determined by the jury. In a bench trial, on the other hand, the judge must determine the facts and then apply the law to the facts.