What determines if a trial will be by jury or judge only?

If your claim derives from English common law, you probably have a right to a jury. If your claim is also a crime if brought by the government, you probably have a right to a jury trial. If your claim would have been heard in the courts of the church under English common law, then you probably do not have a to a jury trial. If your claim was created by a statute, and not a statute just describing or restating common law, then you probably are entitled to a jury trial only if the statute says so. It is very complicated and there are a lot of exceptions and special rules. A new one is that you must deliver the jury fee of $150.00, less than one year after the lawsuit was first filed. Jury trials are very complicated. If you are going to ask for one, you desperately need to have na attorney represent you. Dana Sack 510-286-2200