Wiliiam L said:
My attorney has told me since I have had a hearing on Replevin I can not have a Jury Trial in a civil Matter.Is this so? I live in Indiana.
My response:
For the sake of our readers, a Lawsuit sounding in "Replevin" is an action for the return of goods unlawfully taken - - which is quite similar to an action for "Conversion" of property. Any decision in a Replevin action turns on the interpretation of "law" and not "fact" - - and therein lies the difference and why you aren't allowed to have a jury in a Replevin action.
You see, jurors determine matters concerning "facts" - - not law. Jurors, as part of their deliberations, do not determine the controlling law; rather, they are told the law upon which they are to review the evidence and finally, make a determination of guilt or innocence using the law given to them, based upon the "facts" of a given case - - e.g., "jury instructions".
In a Replevin action, a determination of such a lawsuit turns only upon "law"; e.g., Statutes, Case Law, Regulations, etc., and only judges are allowed to make judgments based upon laws - - not jurors. A Replevin action determines ownership or usage of property based upon law, not the "facts" of ownership or the "fact" of usage, although facts are given to the judge about the case, the final decision is based solely upon law.
IAAL
[Edited by I AM ALWAYS LIABLE on 01-18-2001 at 10:48 PM]
