jury trial in civil cases

• Right of jury trial in civil cases

• North Carolina Constitution

• Due process of law; obligation of contracts; taking of private property; prohibited discrimination; jury trial in civil cases

• Virginia Constitution

• Jury trial in civil cases

• Oregon Constitution

• Contractual Waiver of Seventh Amendment Rights: Using the Public Rights Doctrine to Justify a Higher Standard of Waiver for Jury-Waiver Clauses than for Arbitration Clauses

The Seventh Amendment preserves the right to a jury trial in civil cases. Seventh Amendment rights, however, can be waived through contract. While both jury-waiver clauses and arbitration clauses prevent a jury trial, federal courts guard waiver of jury trial rights more closely in contracts containing jury-waiver clauses than in contracts containing arbitration clauses. In order for courts to enforce a jury-waiver clause, a defendant must knowingly and voluntarily waive the right to a jury trial. Arbitration clauses, on the other hand, only require that mutual assent is established. While this disparate treatment may seem inconsistent on its face, this Note argues that this result is reasonable due to the interplay between the Seventh Amendment public rights doctrine and the Federal Ar...

• Iowa Law Review
• Nbr. 91-4, May 2006

• Trial by jury in civil cases

• Michigan Constitution

• Hildreth Mfg., L.L.C. v. Semco, Inc., (Ohio 2003)

Contempt-abuse of discretion standard-spoliation of evidence-violation of temporary protection order issued for discovery-Civ.R. 37(B)(2); injunctive relief-Civ.R. 41(B)(2) dismissal-R.C. 1333.62(A)-misappropriation of trade secrets-R.C. 1333.61(D)-trade secret defined: must derive independent economic value from not being generally known or readily ascertainable by proper means and subject to reasonable efforts to protect secrecy-Appellate Rule 16(A)(7)-must cite to the record-Loc.R. 7(C)-must include references to volume and page numbers; Civ.R. 50-directed verdict-de novo standard of review; Civ.R. 38-jury demand-no right to jury trial solely for issues of law-jury trial right in civil cases for issues of fact for the recovery of money or specific real or personal property-R.C. 2311...

• Ohio Supreme Court

• Trial by jury; less than unanimous verdicts in civil cases

• New Mexico Constitution

• Trial by jury; waiver in civil cases

• Nevada Constitution

• Judicial Confusion and Inconsistency in Handling Juror Misconduct: A New Proposal

[...] both criminal and civil suits may result in a jury trial.8 Indeed, McDonough itself is a civil opinion that has been extended to many criminal cases involving omissions of information during voir dire.9 However, the basis for the jury trial right is vested in different constitutional amendments for civil and criminal trials.10 While most criminal cases can result injury trials, there is much debate about what kinds of civil trials are properly held before juries. !x As such, this Note primarily relies on criminal cases to support its proposition and analysis of McDonough. 193 Thus, the prosecution would be unable to request a new trial even if the prosecuting attorney could prove that a juror met all three prongs of the proposed rule.194 If the jury convicts the defendant, then t...

• The William and Mary Bill of Rights Journal
• Vol. 17 Nbr. 3, March 2009

• Colgrove v. Battin, 413 U.S. 149 (1973)

... Local federal court rule providing that a jury for the trial of civil cases shall consist of six ...

• U.S. Supreme Court