Sentences with phrase «right to a jury trial»

There is no constitutional right to a jury trial for criminal contempt charges resulting in a sentence of imprisonment of six months or less.

The Seventh Amendment right to jury trial in civil matters has still never been applied to the states via the doctrine of incorporation.

By linking the waiver of a jury trial on sentencing facts to the guilty plea, this statute unnecessarily increases the likelihood that a defendant will waive his Sixth Amendment right to a jury trial on facts essential to the death penalty eligibility determination in order to plead guilty on the merits, thereby compromising one of his Sixth Amendment rights.

Three - judge Federal Circuit panel divides over Seventh Amendment right to jury trial on factual questions of intent to deceive and materiality of deceptively withheld information: You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.

Because a summary judgment takes away the plaintiff's constitutionally protected right to a jury trial, Florida courts are hesitant to allow them.

Defendant Arpaio acknowledges that there is no constitutional right to a jury trial for defendants charged with «petty» offenses where the maximum sentence does not exceed six months imprisonment,

«The problem with imposing one is that they (school boards) are a state actor and you have a 7thamendment right to a jury trial and the state can't come in and impose a system on you that takes away that right.»

A recent decision of Mew J., provides an excellent, comprehensive, summary of the law on civil jury trials including the law pertaining to the fundamental right to a jury trial and a detailed discussion of the law pertaining to a judge's discretion to strike a jury notice.

«It is clear that, wherever the right - to - counsel line is to be drawn, it must be drawn so that an indigent has a right to appointed counsel in all cases in which there is a due process right to a jury trial.»

For instance, the majority said the legislature had modified the common - law right to a jury trial in workers» comp and no - fault insurance laws.

Federal criminal lawyers are faced with defending their people in a court where the «Constitutional right» to a trial is but a shadow of what a meaningful right to jury trial once was.

According to Baldwin v. New York (1970), «the federal right to jury trial attaches where an offense is punishable by as much as six months» imprisonment» (1).

but continues the argument (the point being that there is no question that there is no absolute right to a jury trial, esp.

The Seventh Amendment right to a jury trial does not apply to attorney's fees being considered under Section 285; rather, it is an equitable remedy for the district court to decide.

A rare coalition of conservative and liberal justices ruled 6 - 3 in Southern Union Co. v. United States, 11 — 94, that the Sixth Amendment right to a jury trial requires a jury to determine facts to support a sentence imposed after a guilty verdict...

«Imagine my surprise when I discovered that my dues to the Kentucky Bar Association were being used, not only to heap insults on a significant segment of our membership — those of us who represent the injured — but also to take a pro-business position on tort reform to deprive the citizens in this Commonwealth of their constitutional right to a jury trial for their injury claims.»

Under the governing law of ERISA, there is generally no right to a jury trial — or, for that matter, punitive damages (which are hard to come by anyway).

In a 7 - 2 opinion authored by Associate Justice Thomas, the Court rejected Oil States» contention that the IPR process violated the separation of powers of Article III and a patent owner's Seventh Amendment right to a jury trial on the question of patent validity.

As the Court explained in Cunningham v. California, under the Apprendi line of cases, the Sixth Amendment right to jury trial prohibits «a sentencing scheme that allows a judge to impose a sentence above the statutory maximum based on a fact, other than a prior conviction, not found by a jury or admitted by the defendant.»

Stockley, who left the St. Louis Metropolitan Police Department in 2013 and was arrested lastyear, had waived his right to a jury trial, allowing the judge to decide.

An important aspect of that power of the Constitution is that the Constitution guarantees important rights that Americans cherish (and that you are likely quite aware of such as freedom of religion, freedom of speech, the right to a jury trial, etc.),

The state senator accused of slashing his girlfriend's face with a broken glass during an argument waived his right to a jury trial in Queens Supreme Court Monday.

In the event of any legal action arising from or relating to these Terms of Use or your use of the site, you hereby waive the right to a jury trial.

You further agree to waive your right to a jury trial in connection with any action or litigation arising out of or related to these Terms.

If for any reason a claim proceeds in court rather than in arbitration you and we each waive any right to a jury trial.

- IF FOR ANY REASON A CLAIM PROCEEDS IN COURT, RATHER THAN IN ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Further, should you reject the Arbitration process (or if a court or federal regulator determine the Arbitration process inapplicable), you agree to waive your right to jury trial and proceed in a non-jury court proceeding.

In waiving your right to a jury trial, you agree that your waiver is made knowingly, intelligently and voluntarily.

You have a right to a jury trial for a traffic ticket in Texas if the fine is more than 20 dollars, and unless you waive that right, they have to provide it for you.

In addition, you probably agreed to pay their collection costs, interest, and you may have waived your right to a jury trial.

You do not have a right to a jury trial in workers compensation.

He leads the largest plaintiff legal organization in the State which fights for plaintiffs» rights and preserving the right to jury trials.

Right To Jury Trial 2.

In California, tenants facing eviction have a right to a jury trial.

in Argersinger, the Court today retreats to the indefensible position that the Argersinger «actual imprisonment» standard is the only test for determining the boundary of the Sixth Amendment right to appointed counsel in state misdemeanor cases, thus necessarily deciding that, in many cases (such as this one), a defendant will have no right to appointed counsel even when he has a constitutional right to a jury trial.

For substantially the reasons stated by MR. JUSTICE BRENNAN in Parts I and II of his dissenting opinion, I would hold that the right to counsel secured by the Sixth and Fourteenth Amendments extends at least as far as the right to jury trial secured by those Amendments.