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New York Complaint For Injuries Under FELA - Jury Trial Demand
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Amendment VII The jury trial is a vital part of America's system of checks and balances. ?Checks and balances? means that the judicial branch of government is equal to the other two branches (executive and legislative) and the courts can overturn laws or acts of government that violate constitutional rights.
In its demand, a party may specify the issues that it wishes to have tried by a jury; otherwise, it is considered to have demanded a jury trial on all the issues so triable.
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.
The party demanding a jury trial must prepare and file with the clerk a demand for a trial by jury with an affidavit stating specifically what issues of fact require such a trial and indicating that the jury demand is desired and intended in good faith. There is a required fee to be paid at the time of filing.
New York State Constitution Article 1 §2 Right to trial by jury; waiver thereof. Trial by jury in all cases in which it has heretofore been guaranteed by constitutional provision shall remain inviolate forever; 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).)
