Sentences with phrase «right to a jury trial does»

Not exact matches

Another congregant, who said she chose not to read any news coverage of the trial, struggled with her own internal conflict, saying she trusted that the jury had made the right decision while holding out hope that Sandusky did not really abuse the boys who testified against him.

i.e. show up to the arraignment but don't sign anything giving up your right to a trial by jury then that's what you will get - a trial by jury.

If you do sign something waiving your right to a jury trial, you could possibly take defensive driving, ask the court for deferred adjudication, or anything else the judge wants to let you do.

Doing away with arbitration in this context would prohibit employers from requiring employees or applicants to waive their legal right to a trial by jury in order to work.

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

Both parties» lawyers are first - rate, so anything could come out of this jury trial, but if the jury doesn't after the first five questions get to the nitty - gritty technical detail, then it's unlikely to get things right.

Even a very incomplete list gives an impression of the large number of significant opinions he has written: seminal administrative law cases such as Chevron v. NRDC and Massachusetts v. EPA, the intellectual property case Sony Corp v. Universal City Studios (which made clear that making individual videotapes of television programs did not constitute copyright infringement), important war on terror precedents such as Rasul v. Bush and Hamdan v. Rumsfeld, important criminal law cases such as Padilla v. Kentucky (holding that defense counsel must inform the defendant if a guilty plea carries a risk of deportation) and Atkins v. Virginia (which reversed precedent to hold it was unconstitutional to impose capital punishment on the mentally retarded), and of course Apprendi v. New Jersey (which revolutionized criminal sentencing by holding that the Sixth Amendment right to jury trial prohibited judges from enhancing criminal sentences beyond statutory maximums based on facts other than those decided by a jury beyond a reasonable doubt).

Wisconsin Supreme Court ruled (5 - 2) ruled that the Wisconsin Family or Medical Leave Act (WFMLA) does not grant a right to jury civil trial in an action to recover damages.

You do not automatically have the right to trial by jury in traffic court.

For example, in Texas, I've noticed that a lot of agreements prohibit the tenant from withholding rent, whereas in California, tenants have the right to withhold rent and «repair and deduct» (for people in San Francisco who don't necessarily care about their credit, it might be cheaper to pay a retainer than continue paying rent, and under certain circumstances, they practically can not be evicted through a jury trial).

«Reporters and bloggers are allowed in the courtroom to report and blog a trial, and they view the evidence the same way that a jury does, so there's no overall impingement of first amendment freedoms and the public's right to know is fully protected.

At the same time, it's clear that these are people who value blogging, blog themselves and support a juror's right to do so in a way that does not impede, interrupt or corrupt the integrity of a trial - by - jury.

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,

Would it be correct to say that the reason why judges do not have power to set aside a jury verdict of acquittal in a criminal case is precisely that that would violate a right to a trial by jury?

Therefore, Arpaio does not have the right to a trial by jury.

With respect to the first question, the Court of Appeal noted, as per Legroulx v. Pitre, 2009 ONCA 760 (CanLII) at para. 5, that the Charter does not confer a right to a jury trial in civil matters.

By requiring an explicit statement before an agent can relinquish her principal's rights to go to court and receive a jury trial, the court did exactly what this court has barred: adopt a legal rule hinging on the primary characteristic of an arbitration agreement.

In doing so, you voluntarily give up important constitutional rights to trial by judge or jury, as well as rights to appeal.

Common misconceptions: You do not need to state in the lawsuit how much you are seeking except in Magistrate Court Your Right to a jury trial in civil cases in the Federal Courts is guaranteed by the 7th Amendment.

SB 214 does not restrict anyone's right to a jury trial.

Regarding the second part of your question: The 7th Amendment does not apply in state court, so any right to a jury trial there would depend upon the constitution of the State of Texas (specifically Article I, Section 15 of the Texas Constitution).

In Walker v Sauvinet, 92 U.S. 90 (1876), the U.S. Supreme Court held that the right to a jury trial guaranteed under the Seventh Amendment to the Constitution did not apply to states.

NEWS (4/18): In Ohio v. Mason, the Ohio Supreme Court ruled that its capital sentencing statute does not violate a defendant's Sixth Amendment right to trial by jury and the U.S. Supreme Court's 2016 decision Hurst v. Florida, which reiterated that a defendant is entitled to a jury finding of all facts necessary to impose a death sentence;» [a] jury's mere recommendation is not enough.»

The split - recovery statute allocating 60 % of punitive damages award to the state did not violate the right to a remedy, the right to a jury trial, the takings or tax provisions, or the separation of powers under the State Constitution.

Note: Drivers who would like to beat a traffic ticket in ME in court do not have the right to a jury trial, since traffic violations are not criminal in nature.

Insurance Department had authority under 40 P. S. § 2000 to adopt this regulation which requires inclusion of an arbitration clause in Uninsured Motorist Coverage; the arbitration requirement did not violate the rights to jury trial under the United States or Pennsylvania Constitutions.