Sentences with phrase «right to a jury trial for»

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.

«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.»

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

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,

Not exact matches

«Secret arbitration takes away a woman's right to a trial by a jury of her peers and provides a dark alley for Uber to hide from the justice system, the media and public scrutiny,» according to the letter.

March 28, 2018: Avenatti files a motion requesting a jury trial to determine if the hush agreement was ever binding, and asking for the right to depose Trump and Cohen for «no more than two hours» each.

The Supreme Court recently decided in Oil States Energy Services v. Greene's Energy Group for the latter view and upheld the constitutionality of an administrative review process that opponents say violates the right to a trial by jury.

The most explicit statement of these limitations is in the Constitution's first ten amendments — the Bill of Rights — which guarantee freedom of religion, speech, press, assembly, and petition, the right to bear arms, protection against the obligatory quartering of soldiers, security from unwarranted search and seizure, the right to a grand jury, protection against double jeopardy and self - incrimination, the right of due process, just compensation for private property taken for public use, and speedy public trial by jury without excessive fines or bail.

is not at all clear, and laws may be «void for vagueness» - we as citizens have a right to know when we cross a line — and that is long before the grand jury tells, or alleges to us, that is, into a coercive plea bargaining system — and we might want to let our Peers decide that, as in «Trial By Jury Of,» western - civilization - foundation departjury tells, or alleges to us, that is, into a coercive plea bargaining system — and we might want to let our Peers decide that, as in «Trial By Jury Of,» western - civilization - foundation departJury Of,» western - civilization - foundation department

A state court has upheld a law that affirms the right to empanel an anonymous jury, which has been used in trials for Mafia figures, terrorism and gangs.

By accessing, viewing, or using the works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction and venue for any and all disputes arising out of this Agreement or related to the Service are in the state and federal courts located in the State of Maryland and (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.

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.

IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.

For any dispute that can not be resolved informally, you agree that all disputes between you and Blue Buffalo (whether or not such dispute involves a third party) with regard to your relationship with Blue Buffalo, including, without limitation, disputes related to these Terms of Use, your use of the Services, and / or rights of privacy and / or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer - related disputes and you and Blue Buffalo hereby expressly waive trial by juFor any dispute that can not be resolved informally, you agree that all disputes between you and Blue Buffalo (whether or not such dispute involves a third party) with regard to your relationship with Blue Buffalo, including, without limitation, disputes related to these Terms of Use, your use of the Services, and / or rights of privacy and / or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer - related disputes and you and Blue Buffalo hereby expressly waive trial by jufor arbitration of consumer - related disputes and you and Blue Buffalo hereby expressly waive trial by jury.

To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New YorkTo the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New YorkTo the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkto the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkto the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New YRIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New YorkTO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New YorkTO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkto the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkto the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yright of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yright; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkto actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkto actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yright to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkto all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkto all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York).

The suit was sent right back to where it started: with Judge Alsup in San Francisco, for a second jury trial, and on May 26th, 2016, a jury found fair use in favor of Google.

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.

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

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.

The Supreme Court of Canada has dismissed two appeals from Alberta defendants seeking a right to trial by jury for Securities Act offences.

«It has failed and refused to secure, on a firm basis, the right of trial by jury, that palladium of civil liberty, and only safe guarantee for the life, liberty, and property of the citizen.»

I requested a trial by jury in WA state for a traffic ticket (I know not a standard or suggested move as I understand, but I figured if I was going to court, I might as well have the satisfaction of at least seeing my rights in action.)

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.

The Court's holding in Blakely extends a line of recent cases exploring the meaning of the right to a jury trial and establishes a readily understood principle for deciding what the right means and when it is being eroded.

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 triaFor 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 triafor 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).

It's also about respect for the common - law principle of right to trial by jury in civil cases that was incorporated into the Seventh Amendment to the U.S. Constitution.

So construed question of law would include (without attempting anything like an exhaustive definition which would be impossible) questions touching the scope, effect or application of a rule of law which the courts apply in determining the rights of parties; and by long usage, the term question of law has come to be applied to questions which, when arising at a trial by a judge and jury, would fall exclusively to the judge for determination.»

Except for the right to a jury, both parties have the same legal rights in bench trials as in jury trials.

Clifford Kokopenace, an Aboriginal man convicted of manslaughter, argued that he was denied the right to an independent and impartial trial by jury because of underrepresentation of Aboriginal people living on reserves in the jury rolls for the District of Kenora.

Ultimately, the appellate court would probably have to say, «This sentence would be substantively unreasonable * but for * the findings related to Ball's other conduct,» — which (based on Scalia's reasoning) would mean that the sentence couldn't be lawfully imposed without the presence of those facts, which in turn would mean that they were subject to the Sixth Amendment's jury - trial right.

He was the president of the New Jersey Association for Justice, which is New Jersey premier association for educating lawyers to be better trial attorneys and advocates for the right to a trial by jury and for the rights of consumers.

In some ways this lesser included makes up for the fact that the Scottish accused is without absolute right to choose jury or bench trial, which in the U.S. can be very meaningful from a tactical perspective.

Counsel for death row inmate in successful argument before Fifth Circuit that new trial should be granted for violation of Sixth Amendment right to jury trial.

By - the - way, in a criminal trail there's a constitutional right for defendants to have a speedy jury trial.

She has been involved with the American Association for Justice (AAJ) for over 20 years, fighting to protect the right of a victim to a trial by jury.

He is an adamant crusader for the abolition of forced arbitration and a supporter of the fundamental right to a trial by jury.

Formed in 1957 to protect the right to jury trial and to advance trial advocacy skills, ABOTA is the foremost trial organization in the United States for both the plaintiff and the defense bars.

American Association for Justice The American Association for Justice is a nonprofit advocacy and lobbying organization that seeks to promote a fair and effective justice system and to protect all citizens Seventh Amendment right to a trial by jury.

Judicial decision - making provides five advantages not adequately provided by administrative agencies: (1) a clear and exact burden of proof; (2) an opportunity to rigorously test the evidence for accuracy, integrity, and persuasiveness; (3) a thorough debate as to the correct interpretation and application of the law for the issues and evidence involved; (4) a decision by a truly impartial and competent adjudicator; and, (5) the right to a jury trial, in situations allowed by law.

In a civil case, the defendant is free to waive their right to a jury and ask for a judge only trial.

That the reliability («truth vs falsehood») of her observations, recollections and communication is a matter for the judge and / or jury thereby, preserving the accused rights to a fair trial and the victim's rights to be fairly and justly heard.

If the constitution guarantees every defendant a jury trial, how can Congress and the Courts punish you for merely asserting your constitutional right to a trial?

Any person charged with an offence has the right... (f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;

Look for deep - pocketed employers to mount 7th Amendment (right to a jury trial) and Fourteenth Amendment (due process) challenges to this multiplier provision.

The appellate court found that fee entitlement was based on fees being damages, implicating jury trial rights and not simply adjudging fees as costs so as to invoke a law and motion procedure for determination of fees.

But Justice Stevens had never before shown any squishiness or squeamishness about giving full effect to the Sixth Amendment jury trial rights he championed in his Apprendi and Booker opinions for the Court.

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).

A Civil Traffic Citation is a non-criminal traffic violation that is not punishable by incarceration and for which there is no right to a trial by jury or a right to court - appointed counsel.