How'd You Vote? State Question 2

[migtig]

** Any errors are mine. Maybe we can be an early indicator of real results.

State Question 2
Authorizing the enactment of legislation to limit the right to a jury trial in a civil proceeding to those proceedings in which the amount in controversy exceeds $15,000

 

[Zguy28]

** Any errors are mine. Maybe we can be an early indicator of real results.

State Question 2
Authorizing the enactment of legislation to limit the right to a jury trial in a civil proceeding to those proceedings in which the amount in controversy exceeds $15,000

Voted YES.

 

[migtig]

bump

 

[aps45819]

You should always have a right to a trial by a jury of your peers

 

[migtig]

You should always have a right to a trial by a jury of your peers

I concur with you.

 

[BushwoodGirl]

You should always have a right to a trial by a jury of your peers

I agree.. Voted against this one also..

 

[vraiblonde]

I was going to vote for it, then was convinced to vote against.

 

[bresamil]

Against. It seems unconstitutional to take away the right to jury of your peers (although this right is actually linked to criminal charges) regardless of dollar amount or type of case.

 

[itsbob]

Keyword.. CIVIL proceeding..

Not a criminal proceeding.

Huge waste of money (taxpayer money) to have a jury trial over $59 owed to Dominos.

 

[BushwoodGirl]

Keyword.. CIVIL proceeding..

Not a criminal proceeding.

Huge waste of money (taxpayer money) to have a jury trial over $59 owed to Dominos.

Currently you can only request a jury trial in a civil proceeding if the amount exceeds $10,000... (excluding lawyer's fees)... My thought was that people would just up their lawsuits to be over $15,000 if this legislation is passed.

 

[itsbob]

Currently you can only request a jury trial in a civil proceeding if the amount exceeds $10,000... (excluding lawyer's fees)... My thought was that people would just up their lawsuits to be over $15,000 if this legislation is passed.

Good point.. and I didn't see on the ballot where they said the current limit is.. I just assumed there was no set minimum now.

 

[BernieP]

Keyword.. CIVIL proceeding..

Not a criminal proceeding.

Huge waste of money (taxpayer money) to have a jury trial over $59 owed to Dominos.

Basically it expands "small claims" court. FWIW I think when it comes to civil proceedings it should not be a jury trail. This is not the state versus you, this is between two parites and the chances are that jury is not going to be a peer of one party.
Juries are notorious for finding against whoever is seen as daddy warbucks, the party with the deep pockets.

 

[Tilted]

Against. It seems unconstitutional to take away the right to jury of your peers (although this right is actually linked to criminal charges) regardless of dollar amount or type of case.

I'd agree that the right to trial by jury in civil cases should be incorporated as applicable against state regulations. However, it is one of the few provisions of the Bill of Rights that the Supreme Court has not, as yet, thusly incorporated.

See McDonald v Chicago:

13 In addition to the right to keep and bear arms (and the Sixth Amendment right to a unanimous jury verdict, see n. 14, infra), theonly rights not fully incorporated are (1) the Third Amendment’s protection against quartering of soldiers; (2) the Fifth Amendment’s grand jury indictment requirement; (3) the Seventh Amendment right to a jury trial in civil cases; and (4) the Eighth Amendment’s prohibition on excessive fines.