Crucial Exams

Multistate Bar Examination Practice Question

In a civil lawsuit for breach of contract, the plaintiff submits the initial complaint without requesting a jury trial, and the defendant files a motion for a bench trial. Which of the following is correct regarding the right to a jury trial in this scenario?

  • The right to a jury trial is automatically preserved for the plaintiff despite the lack of a request.

  • The court must decide whether to grant a jury trial based on the complexity of the case.

  • The plaintiff has waived the right to a jury trial by not requesting one.

  • Both parties must agree to waive the right to a jury trial for a bench trial to proceed.

Multistate Bar Examination
Civil Procedure
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