In a bench trial, who decides the issues of fact and law?

Prepare for the North Carolina Civil Procedure Test. Use flashcards and multiple-choice questions with hints and explanations. Gear up for your exam!

Multiple Choice

In a bench trial, who decides the issues of fact and law?

Explanation:
In a bench trial there is no jury, so the judge takes on both roles: determining the facts based on the evidence and deciding the applicable law to those facts. The judge weighs eyewitness testimony, credibility, and other evidence, then applies the relevant rules and statutes to reach a judgment. This is different from a jury trial, where jurors decide the factual questions and the judge handles the legal issues and instructs the jury. A magistrate is not the correct responder in a typical civil bench trial, and there is no joint jury-and-judge decision in a bench trial, since there is no jury.

In a bench trial there is no jury, so the judge takes on both roles: determining the facts based on the evidence and deciding the applicable law to those facts. The judge weighs eyewitness testimony, credibility, and other evidence, then applies the relevant rules and statutes to reach a judgment. This is different from a jury trial, where jurors decide the factual questions and the judge handles the legal issues and instructs the jury. A magistrate is not the correct responder in a typical civil bench trial, and there is no joint jury-and-judge decision in a bench trial, since there is no jury.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy