The Civil Jury Trial is a Constitutional Right

October 2019

The right to a civil jury trial is firmly rooted in our system of justice.  The Framers of the Constitution put the 7th Amendment in the Bill of Rights which guarantees the right to a civil jury trial.  The right to a civil jury trial was the result of the advocacy of small government advocates.  At the time of the framing of the Constitution, there was concern about big government and the power of judges and those who work in government.

A jury trial gives citizens a strong voice as to how cases are decided.  In a civil jury trial, the jury hears important facts and then is instructed on the law applicable to the case.  Jurors take an oath to follow the law that has been given to them in making their decision.  After hearing all of the evidence jurors begin their deliberations.  After the jurors reach a verdict, they return to court where the judge receives their verdict.  In the State of Wisconsin in a civil case, only ten of the twelve jurors have to agree to answer a question on the verdict form.  However, if there is more than one question on the verdict, at least ten of the jurors must agree to the answer on all the questions.  Wis. Stat. 805.09 (2)

At Herrick & Hart, we have been helping the injured since 1951.  We have helped people exercise their right to a civil jury trial when the need arises.

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