Sentences with phrase «right to jury trial in»

Divorcing spouses have the right to a jury trial in Georgia.

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

Generally, there is no right to a jury trial in equitable claims and piercing the corporate veil is considered an equitable remedy.

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.

In some states, if a lease says you have waived your right to a jury trial in a personal injury lawsuit, that clause could be found void.

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.

Some leases may have you waive your right to a jury trial in a personal injury lawsuit against a landlord.

The Seventh Amendment to the U.S. Constitution guarantees the right to a jury trial in civil cases.

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.

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

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.

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.

Not exact matches

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.

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

The problem: The display, right outside the ceremonial courtroom where the Percoco trial is likely to occur and where jurors may congregate during jury selection, highlights about 30 criminal cases — from Abscam to Bernie Madoff — but not a single one that ended in an acquittal at trial.

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.

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.

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.

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.

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 expressly agree that there shall be no jury trial or right to a jury trial, or right to any other proceeding to resolve any Dispute in any court.

25.8 With the exception of your agreement to waive any right to a jury trial or to participate in a class action, if any other provision in this Section 25 is held to be illegal, invalid or unenforceable, such provision shall be fully severable, this Section 25 shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this section, and the remaining provisions of this section shall remain in full force and effect.

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.

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.

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.

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

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.

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.

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.

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.

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).

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.

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

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

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.

But, in most cases of serious criminal charges like this one, either a grand jury probable cause finding, or a preliminary hearing probable cause finding, both made well prior to a trial, will conclusively preclude a malicious prosecution or civil rights lawsuit.

Kleinrock argues that the trial judge erred in denying the public the right to observe jury selection in Presley's case.

Posted in Editorials Comments Off on Wisconsin Supreme Court: No Right to Jury Trial under Wisconsin's Family or Medical Leave Act

Laura has successfully argued a motion to dismiss a federal securities fraud class action, examined the expert witness and conducted the post-trial argument on evidentiary and valuation issues in an appraisal action in Delaware Chancery Court, and obtained a favorable federal jury verdict after a multi-day prisoner civil rights trial.