Under the rule of joinder, where a plaintiff has two or more entirely separate claims emanating from separate transactions, he can sue on them in one action. CPLR section 4102(c) provides that a party has not waived his right to a trial by jury by joining a legal claim with another claim not triable by jury which arose out of a separate transaction. Thus, a plaintiff is entitled to a jury trial on its legal claims for relief when its equitable claims for relief arise out of an entirely separate transaction than that which gave rise to its legal claims. CPLR section 4102 works in conjunction with section 4101 regarding demand and waiver of trial by jury.…
A fair trial must be held in a timely fashion. A fair trial must be held in public with a jury, unless the defendant does not want a public trial and the judge agrees. The jury must be unbiased and represent a cross section of the population. The defendant must be given the time and resources to hire an attorney and formulate a defense. All evidence against the defendant must have been legally obtained.…
• 1.What is the difference between a jury trial and a…
•any free man who was brought to trial for a crime had the right to be judged by his equals, rather than the king or his officials; this is what we know as a jury…
With every person convicted they have a right to trial and jury. There is a grand jury. Second kind of jury is a trial or petite jury. If the paragraphs below I will try to explain the differences between the two .…
Good morning ladies and gentlemen of the jury, it is our privilege to represent P.J. Long in this case before you today.…
As Americans, we are given the right to a jury trial, one of the most important freedoms that out judicial system has to offer us. A jury consists of anywhere between 6 and 12 registered voters who determine whether a person is guilty or innocent in the act of crime that they are being accused of. Not only do they possess this power in a trial, but they may also judge the laws themselves and whether or not is perhaps unconstitutional, unfair, or cumbersome, in which case they can declare the defendant, the person accused of the crime, not-guilty. Their responsibility is heavy and their power enormous in the outcome of a trial. It is a way of distributing the power so that not just one person has total power, and also allowing society to be involved with their government because the jury acts as the conscience of our society.…
The constitution is the basis of all criminal law as well as trials and their verdicts. The constitution and the state and federal court systems have been in effect since the nineteenth century. Each and every court case has their own unique processes related to the different courts and how the case made it to any specific one, taking a plea bargain as an alternative to facing trial and what happens to the wrongfully accused will help understand a little more about the ins and outs of trials and verdicts.…
Many say that the trial by jury is one of our sacred cows – meaning something that people don’t like to criticize- but many state that if we’d long had trial by judge in criminal cases and were to suggest that his reasoned and professional judgment as to facts and inferences should be replaced by the blanket verdict of pretty well any twelve men and women cramped together for a period of time the one would rightfully find this unjust. The role of the jury service is to encourage self-governance and civil participation, the ones who benefit from the jury service are ordinary citizens. What is important about the jury system is that it ensures the people ultimate control in the legislative and executive branch. Citizens can participate in the legislative and executive branches by exercising their right to vote, the only way that they can participate in the judicial branch of government is because the jury service has special role. The jury system allows ordinary citizens to participate in a government judicial process. They have the ultimate control in the legislative and executive branches.…
The law states that under the Sixth Amendment, any criminal prosecution where the length of the sentence is greater than six months, the defendant has a right to a twelve-person jury (Ingram, 2009). Therefore, in federal criminal cases, the right to a trial by jury does require twelve jurors. However, under special circumstances, twelve jurors are not always required to make a decision. These special circumstances are granted by the judge that is assigned to the case and he or she can decide whether or not fewer than twelve jurors are appropriate for a given situation.…
The system of being judged by a jury was put into place by the founding fathers of this nation to prevent governmental overreaching. Alexander Hamilton stated “it was the surest protection of the people’s liberties”. It is a form of safety net because it allows…
Both sides of legal dispute have the rights and are entitles under the Constitution to request a jury trial. When judge decides on a case without a jury, it is considered a bench trial. Judge usually takes on two roles and are the “referee” to rule the admissibility of evidence and decides a resolution that can determine credibility based on evidence (Hg Legal Resources, 2017). The advantages to a jury trial is the amount of money that jury award and ruling is based on passion whereas a judge rule based on evidence (Hg Legal Resources, 2017). The disadvantage to a jury trial is selecting a panel and utilizing a licensed attorney during this process (Hg Legal Resources, 2017). Also, finding the right attorney to handle the case is the key to a…
The idea is to really re-examine the selection process. With nullification as a real possibility then prosecutors can act to eliminate it by paying more attention to homogeneity during the selection process. Any prosecutor who allows a homogenous jury…
On the night of February 4th, police responded to a call at the home of Mr. and Mrs. Wilson. They had been shot and killed; the only other person in the home was the Wilson’s 25 year old son Edward. Subsequently Edward was arrested and charged with two counts of first degree murder. Edward was found to be incompetent to stand trial; now that he has come to the facility where I work for restoration of competency I am responsible for providing a re-evaluation of competency.…
The jury system has deep historical roots and has been described by Lord Devlin in title ‘Trial by Jury’ as ‘the lamp that shows the freedom lives’. Juries allow the citizens to take part in the administration of justice so that verdicts are seen to be those of society rather the judicial system.…