Judge(Bench) vs Jury trial? I'm Landlord suing home town Hero. Federal court.

[Timberlandslippers]

State is Utah but lawsuit is in federal court.

I am a landlord suing a home town Hero over a contract dispute.

I am wondering should I ask for a judge/bench trial vs Jury trial?

I am thinking I might be disliked by a Jury since I am a landlord and the guy I'm suing is a home town hero who also is involved in charity work. He is also its a well known likable guy who has very good speaking and communication skills.

That being said, I do think that law is on my side if someone is looking at facts vs emotion.

Also, federal court requires a unanimous verdict and also it much harder to appeal right? Appellate court would be more willing to overturn a bad decision from a judge than from a Jury?

Would a Judge or Jury be prefer route in this case?

Thanks.

 

[HRZ]

I think your odds rest with using good paid counsel with a track record in that forum and following his or her advice .

 

[Taxing Matters]

State is Utah but lawsuit is in federal court.

I am a landlord suing a home town Hero over a contract dispute.

I am wondering should I ask for a judge/bench trial vs Jury trial?

I am thinking I might be disliked by a Jury since I am a landlord and the guy I'm suing is a home town hero who also is involved in charity work. He is also its a well known likable guy who has very good speaking and communication skills.

That being said, I do think that law is on my side if someone is looking at facts vs emotion.

Also, federal court requires a unanimous verdict and also it much harder to appeal right? Appellate court would be more willing to overturn a bad decision from a judge than from a Jury?

Would a Judge or Jury be prefer table in this case?

Thanks.

What is your basis for suing in federal court? A contract dispute against someone other than the federal government ordinarily is not something you can bring in federal court to begin with. You would have to qualify under diversity jurisdiction, which requires that you and the defendant be citizens of different states and that the amount in controversy must exceed $75,000. If you meet those requirements then you really ought to have a lawyer representing you. Federal court is not an easy forum in which to litigate for a non lawyer and for that amount of money it would be worth hiring a lawyer.

When you say he is a "hometown hero" what do you mean exactly? How well known is he? Would everyone in that town know of him? Everyone in the county? Everyone in the state? In other words, just how famous is the guy? Is he in a small town or a large city?

As for appeal, whether the trial was to a judge or a jury doesn't really matter. The appeals court looks at the issues on appeal the same way. The function of the jury is to determine the facts. The federal appeals courts rarely review the factual determinations of the trial court, whether they are made a judge or jury. Appeals cases are about looking to see if the judge got the law or procedure wrong.

 

[quincy]

State is Utah but lawsuit is in federal court.

I am a landlord suing a home town Hero over a contract dispute.

I am wondering should I ask for a judge/bench trial vs Jury trial?

I am thinking I might be disliked by a Jury since I am a landlord and the guy I'm suing is a home town hero who also is involved in charity work. He is also its a well known likable guy who has very good speaking and communication skills.

That being said, I do think that law is on my side if someone is looking at facts vs emotion.

Also, federal court requires a unanimous verdict and also it much harder to appeal right? Appellate court would be more willing to overturn a bad decision from a judge than from a Jury?

Would a Judge or Jury be prefer table in this case?

Thanks.

I am unclear why your contract dispute with the hometown hero would be heard in a federal court. Could you provide more details? Thanks.

There is always a risk with juries that they will let their emotions interfere with the facts and evidence. How big a risk really depends on the facts and evidence.

If you have a solid case and the hometown hero has no good defense, you are likely to fare well whichever choice you make.

 

[adjusterjack]

State is Utah but lawsuit is in federal court.

I am a landlord suing a home town Hero over a contract dispute.

Which convinces me that you are clueless about litigation and landlord tenant matters.

I do think that law is on my side if someone is looking at facts

How about you provide the facts so we can make some helpful comments.

Would a Judge or Jury be prefer table in this case?

Local small claims court would likely be preferable where all a judge would care about is who is right and who is wrong based on the facts.

 

[quincy]

Which convinces me that you are clueless about litigation and landlord tenant matters.



How about you provide the facts so we can make some helpful comments.



Local small claims court would likely be preferable where all a judge would care about is who is right and who is wrong based on the facts.

And ... whether to have a bench or jury trial might not be a decision Timberlandslippers gets to make. The defendant can opt for a jury trial.

 

[Taxing Matters]

And ... whether to have a bench or jury trial might not be a decision Timberlandslippers gets to make. The defendant can opt for a jury trial.

That's certainly true in federal court, which is why so few civil cases between private parties end up as bench trials. As long as one side wants a jury trial that's what you'll get. And since a jury is usually perceived as beneficial to at least one side, someone usually decides to ask for a jury. Both parties have to opt for the bench trial to get it, and that would mean both figure that trying it to the judge is preferable. I don't see that very much.

I'm not sure this matter even belongs in federal court to begin with. I'll be curious to see if the OP follows up with some more information like how much he/she is suing for, in what state the tenant is in and in what state the OP is in, and what the nature of the contact dispute is.

 

[quincy]

Bench trials are pretty standard in small claims courts, which is where I would say the majority of landlord/tenant cases are heard.

It is unclear what sort of contract this landlord has with the hometown hero that would take the dispute out of small claims.

 

[Timberlandslippers]

What is your basis for suing in federal court? A contract dispute against someone other than the federal government ordinarily is not something you can bring in federal court to begin with. You would have to qualify under diversity jurisdiction, which requires that you and the defendant be citizens of different states and that the amount in controversy must exceed $75,000. If you meet those requirements then you really ought to have a lawyer representing you. Federal court is not an easy forum in which to litigate for a non lawyer and for that amount of money it would be worth hiring a lawyer.

When you say he is a "hometown hero" what do you mean exactly? How well known is he? Would everyone in that town know of him? Everyone in the county? Everyone in the state? In other words, just how famous is the guy? Is he in a small town or a large city?

As for appeal, whether the trial was to a judge or a jury doesn't really matter. The appeals court looks at the issues on appeal the same way. The function of the jury is to determine the facts. The federal appeals courts rarely review the factual determinations of the trial court, whether they are made a judge or jury. Appeals cases are about looking to see if the judge got the law or procedure wrong.

Issue is between citizens of different states if the amount in controversy exceeds $75,000 (under diversity jurisdiction) is my justification.
Everyone in the county would know him but he is especially a hometown hero in the state. I'm not sure I can get a fair trial if there is a jury that worships him. Look at the OJ simpson murder case. I'm not sure if this can be used to justify a change of venue or a judge trial instead of a jury trial. It deals with complex business law that would likely confuse a jury who has a emotional connection to the individual. I'm not sure if I can tell you more information without you knowing exactly who I am talking about.

As far as case law is concerned, the case has only decided 1 time to find in favor of what I'm suing for and it was won in the appellate court and lost in the lower court however other states that use the same law have ruled for my position I'm taking. The state has kind of an attitude of letting business do whatever they want with limited litigation or regulation.

Would I be better off demanding a judge/bench trial? Can I force a bench trial if all the jury knows the individual and has prejudged him to be honest/reputable before hearing the facts?

Is there anyway to force a Judge trial due to the celebrity stats of the defendant and complex law involved int his case?

 

[Timberlandslippers]

Bench trials are pretty standard in small claims courts, which is where I would say the majority of landlord/tenant cases are heard.

It is unclear what sort of contract this landlord has with the hometown hero that would take the dispute out of small claims.

Well for starters, the amount is too large to be in small claims court. The question is if I would want a Judge or jury to decide and if there is anyway to force a judge trial since it deals with complex business matter with a person the jury is likely to know and love?

 

[quincy]

Well for starters, the amount is too large to be in small claims court. The question is if I would want a Judge or jury to decide and if there is anyway to force a judge trial since it deals with complex business matter with a person the jury is likely to know and love?

You can choose a bench trial but the defendant can choose a jury trial - and there is not a thing you can do about that (absent facts unknown).

 

[RJR]

Well for starters, the amount is too large to be in small claims court. The question is if I would want a Judge or jury to decide and if there is anyway to force a judge trial since it deals with complex business matter with a person the jury is likely to know and love?

Do you even know how to impanel a jury?? You said it is already in Federal Court? What has the Answer and or Response been to it by the defendant? You still did not answer Taxing's questions? These were not asked for no reason!

 

[RJR]

FRCP:

Rule 38. Right to a Jury Trial; Demand
(a) Right Preserved. The right of trial by jury as declared by the Seventh Amendment to the Constitution—or as provided by a federal statute—is preserved to the parties inviolate.
(b) Demand. On any issue triable of right by a jury, a party may demand a jury trial by:

(1) serving the other parties with a written demand—which may be included in a pleading—no later than 14 days after the last pleading directed to the issue is served; and

(2) filing the demand in accordance with Rule 5(d).(c) Specifying Issues. In its demand, a party may specify the issues that it wishes to have tried by a jury; otherwise, it is considered to have demanded a jury trial on all the issues so triable. If the party has demanded a jury trial on only some issues, any other party may—within 14 days after being served with the demand or within a shorter time ordered by the court—serve a demand for a jury trial on any other or all factual issues triable by jury.
(d) Waiver; Withdrawal. A party waives a jury trial unless its demand is properly served and filed. A proper demand may be withdrawn only if the parties consent

 

[Timberlandslippers]

That's certainly true in federal court, which is why so few civil cases between private parties end up as bench trials. As long as one side wants a jury trial that's what you'll get. And since a jury is usually perceived as beneficial to at least one side, someone usually decides to ask for a jury. Both parties have to opt for the bench trial to get it, and that would mean both figure that trying it to the judge is preferable. I don't see that very much.

I'm not sure this matter even belongs in federal court to begin with. I'll be curious to see if the OP follows up with some more information like how much he/she is suing for, in what state the tenant is in and in what state the OP is in, and what the nature of the contact dispute is.

What reason would you have to think this does not belong in federal court? My understanding is that I have the option of state vs Federal court. Are you saying I would have an advantage in state vs federal court? The amount is over 75K, the tenant did not pay the rent and basically got a new name for the same company to escape all debts including lease payments. My question is Judge or Jury since the guy is well liked in the state and high profile. I am thinking judge is better? The only case law that would benefit me is one that was won on appeal.
So I might need to go to the appellate court but they don't like to overturn a jury right ?

Jury can be given proper instruction and just decided to do whatever they want in direction violation of the law. If Jury is full of drug addicts and there is a drug user on trial, they can ignore federal law and basically do what they want via the principals of Jury nullification.

If Jury likes the home town hero and hates the evil landlord(me), my case may be doomed from the beginning. Many people have a negative view of landlords and possible rightfully so however not in my case.

Why would I not want a Judge to decide vs a jury since the emotion is on his side and the complex business facts are on my side?

 

[RJR]

What reason would you have to think this does not belong in federal court? My understanding is that I have the option of state vs Federal court. Are you saying I would have an advantage in state vs federal court?

It's the other way around! State courts are not generally divested of Federal COA's, but that does not mean once filed there, it will stay. Original jurisdiction claims are Removable under 28 USC 1441.

How can a past due rent claim be over 75,000.00?