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...
Not exact matches
Removing the 2nd Amendment would
require the same process as removing any of the other foundational
rights, such as freedom of speech, the presumption of innocence, or
trial by
jury (and is about as likely
to happen.)
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SERVICE, AS THEY AFFECT YOUR LEGAL
RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED
TO, WAIVERS OF
RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY
TO US, AND THIS AGREEMENT
REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS
TO RESOLVE DISPUTES, RATHER THAN COURTS OR
JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.
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.
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.
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.