Sentences with phrase «right to a trial by jury in»

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.

Some of these measures would eliminate the right to trial by jury in medical malpractice cases and are likely unconstitutional.

The right to a trial by jury in a criminal case is perhaps the most revered element of the American criminal justice system.

The Constitution guarantees a right to a trial by jury in open court, the right to cross-examine witnesses, the right to remain silent (on grounds of self - incrimination), the presumption of innocence, the right to be represented by a lawyer, and the right to be free of cruel or unusual punishment.

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

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.

«If a person a waives his or her right to trial by jury in one trial, can a jury trial still be demanded in a subsequent new trial of the same matter?

Not exact matches

On June 6, 2017, lawyers presented opening statements in the trial, with Carter having waived her right to a trial by jury.

You and Daily Harvest each expressly waive any right to trial by jury and the right to participate in a class action lawsuit or class - wide arbitration.

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.

The SixthAmendment provides: «In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury.»

It covers everything from the right to privacy and the increase in electronic surveillance, through to issues such as the proposed reduction of trial by jury - all contemporary topics

«We must never cease», Churchill said, «to proclaim in fearless tones the great principles of freedom and the rights of man which are the joint inheritance of the English - speaking world and which through Magna Carta, the Bill of Rights, the Habeas Corpus, trial by jury, and the English common law, find their most famous expression in the American Declaration of Independence&rrights of man which are the joint inheritance of the English - speaking world and which through Magna Carta, the Bill of Rights, the Habeas Corpus, trial by jury, and the English common law, find their most famous expression in the American Declaration of Independence&rRights, the Habeas Corpus, trial by jury, and the English common law, find their most famous expression in the American Declaration of Independence».

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State...

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

Ministers have given verbal assurances that the bill's powers, which would allow them to make orders to change primary legislation in all but a few specific instances, would not be used to change major laws such as the right to trial by jury.

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 availablBy 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 availablby personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise availablby jury and any jurisdictional and venue defenses otherwise available.

You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury or to participate in a class action.

THE PARTIES WAIVE ANY RIGHT TO LITIGATE SUCH CONTROVERSIES, DISPUTES, OR CLAIMS IN A COURT OF LAW, AND WAIVE THE RIGHT TO TRIAL BY JURY.

You agree that, by entering into this Agreement, you and HBO are each waiving the right to a trial by jury or to participate in a class action.

com are each waiving the right to a trial by jury or to participate in a class action forever.

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).

And if Mann's lawsuit is dismissed by the courts, and even if it eventually goes to trial and he loses a jury verdict, Mann will publicly claim that he was in the right regardless of what the courts and / or the jury decided, and that he will not be deterred from filing other lawsuits against anyone who publicly characterizes his work as fraudulent.

Also, the judge is within his rights to punish the potential juror if he determines that the potential juror is actually lying about his ability to be impartial in an effort to evade jury service rather than because he sincerely believes that he can't be fair, and judges have wide authority to determine the credibility and truthfulness of statements made to him in open court (i.e. if the trial judge finds that you are lying, this determination will almost always be honored by an appellate court considering the judge's actions).

These proceedings should be in the open and public, and the right to trial by jury preserved.

From a speeding violation that lands you in Municipal Court to a felony criminal trial in front of a judge and jury — Fienman Defense protects your rights by covering cases throughout the Pennsylvania criminal justice system.

You agree that, by using the Site and accepting these terms of service, that you and Bootstrap Legal, Inc. are each waiving the right to a trial by jury or to participate in a class action.

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.

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.)

In response, Gummo's attorney challenged the constitutionality of the statute, claiming the cap violates the right to trial by jury enshrined in the Tennessee ConstitutioIn response, Gummo's attorney challenged the constitutionality of the statute, claiming the cap violates the right to trial by jury enshrined in the Tennessee Constitutioin the Tennessee Constitution.

Fortunately, in such an instance, the person arrested by that corrupt officer would have the right to an attorney and a jury trial.

«It provides that the right to trial by jury shall remain «inviolate» and... reiterates its importance in [a second] provision.»

However, currently in medical malpractice terms, a person still has a right to a trial by jury and that person is not bound by forced arbitration.The problem most often encountered are older doctors that haven't kept up - to - date on the latest in medicine and make mistakes as a result.

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.

Quincy's court reports offer a rare legal insight into life in the American colonies prior to the American Revolution, and cover such wide - ranging topics as trials by jury, statutory construction, slavery, women's rights, early consumer protection and piracy.

Robbery is a straight indictable offence in the Criminal Code, which means that robbery always involves the right of an accused person to have a preliminary inquiry and a trial by judge and jury, if the accused person wishes to.

On May 21st 2015, the Supreme Court of Canada released its decision in R. v. Kokopenace, which concerned the right of an Aboriginal accused to trial by a representative jury.

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.»

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.

It is with this in mind that he is a fierce defender of the right to a trial by jury guaranteed in the Seventh Amendment to the U.S. Constitution.

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?

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

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.

AUSTIN, TEXAS — Noting that the right to trial by a jury of peers is a critical part of the nation's justice system, Texas Governor Greg Abbott has declared the week May 2 to May 6 as «Jury Service Appreciation Week» in Tejury of peers is a critical part of the nation's justice system, Texas Governor Greg Abbott has declared the week May 2 to May 6 as «Jury Service Appreciation Week» in TeJury Service Appreciation Week» in Texas.

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

Although in the past trial by jury was typical in defamation actions, the right to jury trial has recently been abolished in this context, and trial will now be by judge save in exceptional circumstances.

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.

Supporters of the bill also argued that the current law denied parties a right to trial by jury available in other states.

(c) That notwithstanding the Common Law of England, nothing in this Constitution prohibits trial by jury of less than 12 jurors in any civil proceeding in which the right to a jury trial is preserved (amended by Chapters 203, 204, Acts of 1992, ratified Nov. 3, 1992).