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…
The right to a fair trial. Where does it come from? The 6th Amendment. Which category of defendants were the first to be given this right when accused of a crime by a state? Anyone charged with a capital offense (must be provided an attorney) Which category came next? Anyone charged with a felony (must be provided an attorney) Which criminal defendants still do not have this right? If he or she is not sentenced to actual imprisonment and could not have been sentenced for more than one year.…
•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.…
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 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.…
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 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…
Having a Jury Trial is known to be a part of the Adversarial System. Which is when exhibits, evidence, and witnesses are assembled by representatives of one side or the other to convince the fact finder that their side’s viewpoint is the truer one. Contrasted to that approach is the inquisitorial approach, used in mostly Europe. In this approach the Judge is given more control over the proceedings. The judge will interrogate the disputing parties and witnesses, referring frequently to a dossier that the court prepared. The Jury Trial is held to get a less biased decision and also a more truthful one. A trial gives attorneys more motivation to present the jury with all the evidence of the case, with a final goal of the jury ultimately…
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…
A jury trial is a vital stage in the process; all of the investigation that has taken place concerning the accused person will be presented during this process. A jury trial is made up of twelve citizens of the community who have been randomly selected to serve on the jury. The jury had been given the authority to judge the facts of the case, and them apply the law that was given by the judge to those facts, and render a verdict of guilty or not guilty.…
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.…