right to jury trial

jury trial, right to

In many states, there is no right to a jury trial on disputes relating to real property. This is because of rules with their roots in English courts dating back to the time of the Norman invasion in 1066. Before making any litigation decisions based on what you think a jury of your peers would decide, be sure to see if you are entitled to a jury.

References in periodicals archive ?
Diehl stated that by including the phrase "as heretofore enjoyed," the authors of the Missouri Constitution meant for the right to jury trial to remain in every way as it was in 1820; that is, the right should not deviate from "that which existed at common law before the adoption of the first constitution.
The Seventh Amendment preserves the right to jury trial in federal
Neither court addressed the basis of the right to jury trial in Texas or the source of the Act's language about attorneys' fees.
Amendment was to preserve the right to jury trial as it existed in 1791,
210's cap on a jury's award of non-economic damages "operates wholly independent of the facts of the case," it "directly curtails the jury's determination of damages and, as a result, necessarily infringes on the right to trial by jury when applied to a cause of action to which the right to jury trial attaches at common law.
admiralty there is no right to jury trial except as provided by
Gegan, Is There a Constitutional Right to Jury Trial of Equitable
1) the trial court held that upholding that cap statute strips jury of its power to decide facts and determine damages thereby denying plaintiff right to jury trial.
276, 312 (1930) (holding waiver of right to jury trial constitutional), abrogated by Williams v.
185) The Court concluded by emphasizing that "[a] right to jury trial is granted to criminal defendants in order to prevent oppression by the Government," (186) and "[t] he deep commitment of the Nation to the right of jury trial in serious criminal cases as a defense against arbitrary law enforcement qualifies for protection under the Due Process Clause of the Fourteenth Amendment, and must therefore be respected by the States.
T]he denial of the right to jury trial is more than the denial of a constitutional right; it is the denial of a fundamental right recognized prior to the adoption of a written constitution.
This Essay examines two lines of cases: first, those involving the Court's reinvigoration of the Sixth Amendment right to jury trial, and second, those involving the Court's recent reconception of the Sixth Amendment right to confrontation.