That means in relation to rape, which would be an indictable offence, no guarantee of jury trial. |
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And of course, leaping ahead to some possible jury trial, a possible conviction is really putting the cart before the horse. |
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The latest proposal to undercut the fundamental democratic institution of the jury trial came from an unelected legal laywoman. |
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Criminal defendants have no right to court appointment of an attorney and no right to a jury trial. |
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Maximizing case management powers may offer a less radical alternative to initiatives aimed at limiting the right to a jury trial. |
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At the court of first instance level, the cost to the parties of a jury trial is probably not much different from a bench trial. |
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Saladoff, a plaintiff's attorney for 25 years, is driven, too – by a belief in the seventh amendment right to a jury trial. |
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In January 2013, the TRN group filed a second complaint in the Dial Global suit, demanding a jury trial. |
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It is often useful for the prosecutor to find out whether the prosecution witnesses can stand the pace of a High Court hearing or a District Court jury trial hearing. |
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A jury trial is very expensive and involves many people, so it is important to prepare properly. |
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A jury trial was set for February 27, 2007 but was later postponed because of a conflict in the judge's schedule. |
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The case is scheduled to be heard in a jury trial by this US court before the end of the year. |
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Historical right to trial by jury: The author spends a fair amount of time examining the historical right to a jury trial. |
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There is no choice of court, and the accused does not have a right to a jury trial. |
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It may also lead to a re-election before judge alone, thus avoiding the additional costs of a jury trial. |
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In this very way, accused persons can truly be tried by their peers, which is a fundamental principle in the jury trial system. |
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The case went to jury trial. On February 19, 2008, the court found Pharmalogic negligent in hiring the driver and entrusting him with a vehicle. |
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Nevertheless, in smaller cases judges can issue summary judgments without proceeding to a jury trial. |
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Two days before my jury trial, a lawyer phoned me and said he was representing me and had done me a favour and dropped my jury trial for a nice lenient judge. |
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The Crown persecuted the Covenanters but popular support made it impossible to convict them in a jury trial. |
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Importantly, this amendment guarantees the right to a jury trial only in federal court, not in state court. |
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One of the chief complaints was related to the jury trial, and the use of language. |
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Many English colonies, including the Thirteen Colonies, which later became the United States, adopted the jury trial system. |
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A jury trial verdict in a case is binding only in that case, and is not a legally binding precedent in other cases. |
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Another alleged miscarriage of justice by jury trial was the Wanninkhof murder case. |
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This amendment codifies the right to a jury trial in certain civil cases, and inhibits courts from overturning a jury's findings of fact. |
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Given all this expense and likely delay there is a considerable temptation on the part of prosecutors to undercharge cases in order to avoid a jury trial. |
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One such tactic includes requesting a jury trial in an unlawful detainer action at the last hour. |
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No jury trial is available for these offences. |
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The Supreme Court has held that the Seventh Amendment's guarantee of a jury trial also guarantees a jury of sufficient size. |
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Kazakhstan has had a jury trial system for criminal cases since 2007, and it has established specialized courts such as administrative, economic, military and juvenile courts to improve the efficiency of judicial proceedings. |
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While the accused is under no obligation to testify they often do, particularly in a jury trial when 12 citizens inundated with incriminating evidence are eager to hear the defendant's explanation. |
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Generally, a jury trial begins with arguments on questions of law. |
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These amendments, known as the Bill of Rights, guarantee freedom of speech, freedom of the press, freedom of religion, and various rights such as that of jury trial to defendants in criminal cases. |
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Since the charge is often by way of indictment and the election in communities is usually for jury trial, the cost implications of this policy for legal aid are significant. |
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It may also be appropriate to direct a jury trial where community standards are in issue, or where the accused's guilt or innocence is of particular public importance. |
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For example, in a writ of debt sur contract, the defendant could generally elect between having a jury trial or wager of law. |
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However, the Seventh Amendment right to a civil jury trial does not apply in state courts, where the right to a jury is strictly a matter of state law. |
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Responding to these concerns, five state ratification conventions recommended a constitutional amendment guaranteeing the right to jury trial in civil cases. |
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Nonetheless, most states voluntarily guarantee the right to a civil jury trial, and they must do so in certain state court cases that are decided under federal law. |
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Our fundamental value in the law of wills is freedom of testation, but the inner tendencies of civil jury trial put our procedural system in conflict with our substantive law. |
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After lengthy hearings at the Parlement de Paris, it was decided that guilt could not be decided through a standard jury trial, and a judicial duel was ordered. |
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During the jury trial he testified that a fan had given him a vial of what he thought was legal medication, which he put in his bag not knowing what was in it. |
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Title XI gives a defendant accused of certain categories of criminal contempt in a matter arising under title II, III, IV, V, VI, or VII of the Act the right to a jury trial. |
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For example, the right to a jury trial applies to cases brought under federal statutes that prohibit race or gender discrimination in housing or employment. |
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Rules 38 and 39 deal with the parties' right to a trial by jury and the procedure for requesting a jury trial instead of a bench trial and trials by an advisory jury. |
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