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
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
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.