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California Complaint For Injuries Under FELA - Jury Trial Demand
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FAQ
The California Constitution, as originally adopted in 1849, set out the right to a jury trial in the strongest possible terms: ? '[T]he right of trial by jury shall be secured to all, and remain inviolate for ever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Ing to the Supreme Court, the jury-trial right applies only when "serious" offenses are at hand?petty offenses don't invoke it. For purposes of this right, a serious offense is one that carries a potential sentence of more than six months' imprisonment. (Baldwin v. New York, 399 U.S. 66 (1970).)
(a) The right to a trial by jury as declared by Section 16 of Article I of the California Constitution shall be preserved to the parties inviolate. In civil cases, a jury may only be waived pursuant to subdivision (d).
Among arguments advanced for civil jury trials were the protection of debtor-defendants, the frustration of unwise legislation, the vindication of interests of private citizens in litigation with the government, and the protection of litigants against overbearing and oppressive judges.
Amendment Seven to the Constitution was ratified on December 15, 1791. It protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value. It also prohibits judges in these trials from overruling facts revealed by the jury.
