Civil Procedure 1 Full Course Practice Exam

Under Rule 39(b), if no demand for a jury trial is made, how is the case tried?

By a jury. By the court. By a magistrate. By random draw.

Correct Answer:

By the court.

Explanation:

If no jury demand is made under Rule 38, the case is tried by the court. The right to a jury trial exists only if a timely demand is filed; without that demand, the default is a bench trial where the judge decides both the legal rulings and the factual issues and renders the judgment. This reflects the idea that a jury trial is not automatic—it must be invoked by a timely request.

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