Trial by Jury: At Common-Law

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[bobmonteith]

I like all your video's! Thank you!

[allstarman]

Jury nullification can judge the law as well as the specifics of the case . l also I have heard there is a difference between a jury trial and a trial by jury .

[TurtleIslandLady]

I truly needed to hear this one tonight. Yessss, I'm kicking and screaming about my loan being sold under my nose and they waited three years later for me to find out the third party Payment Processor bought my loan 45 days after the 1st bank contracted with me. This is an auto loan. No one sent me anything. I went to the BMV to find the lien is still in 1st bank's name. The branch told me this was odd being just an auto loan. They told me if the change was legit the registration stuff would of been converted and sent to me for my automobile. I find out both banls are shrewd. They have a history of class action lawsuits against them. They knew what they were doing. They know had I been informed then, I would of checked this other bank out. The headquarters is overseas. They don't even have a branch here. The first bank has no record of the loan. Did bank b hack my account and loan? They are on my credit file and everything. Oh, both banks were affiliated together. The first bank has been sued for racial discrimination on minorities. I'm black, I feel like they sold my signature like I am a slave with no rights. I've never been late, missed or deferred one payment. I "SHALL NOT" pay another dime until they get this mess corrected. I don't want to gamble my auto. We need it. However, I have to stand for my "RIGHTS" and just collect later. We really like our car. It's almost paid off. I want to set up an Escrow Account and keep payments in it until something is done. I have notified the Presidential people for each bank. I even let the dealership have it. My contract says, "ANY CHANGES MUST BE DONE IN WRITING BY BOTH PARTIES." I TOLD THEM I DIDN'T GIVE A DAMN ABOUT THE MANY THEY'VE PUNKED LIKE THIS BEFORE BUT I'M NOT THE ONE. Sorry, I thought y'all were them when shouting. I believe I got them. They have "NO RIGHT" using my name without my "CONSENT." GUY'S please pray they won't steal our automobile. That's our hard earned money on our almost paid off property. Help me fight in your hearts. Please, help guide me if any great suggestions. When one fight, we all fight. One win after another. I hope I have them worried. What y'all think? 😙

[commonopinion]

jury trial is the civil aspect, trial by jury is not the same. Its a words play to make you believe you have no right to seek justice against government entities

[fiddletown]

A lot of old news and ancient authority. The history is very interesting and useful for understanding where we've come from and how we've gotten here from there. In some ways the evolution has been positive. Common law forms of action and pleading were very technical, and an otherwise meritorious claim could be tossed out because of a minor, technical defect in the pleadings or characterization of the action.


With regard to the right to a jury trial in a civil case, the 7th Amendment reads thus: "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law." But also the Supreme Court ruled in Barron v. Baltimore, 32 U.S. (7 Pet.) 243 (1833) that the Bill of Rights did not apply to the States. Therefore the 7th Amendment doesn't require a State to provide for a trial by jury in a civil case, although other law, such as the State's constitution, very well might. In the early years of the 20th Century courts began to apply on a piecemeal basis rights enumerated in the Bill of Rights to the States through the Due Process Clause of the Fourteenth Amendment. This process is called incorporation. But the 7th Amendment right to a jury trial in a civil case has not been incorporated through the Fourteenth Amendment to apply to the States.

But if someone thinks that the current rules are inappropriate or unsatisfactory, in many cases the legislature can change them. If the body politic of the State X thinks that every person should have an absolute right to a jury trial in absolutely any civil case, there's nothing to prevent the legislature from enacting a statute to that effect. That might be less satisfactory than a provision in a constitution insofar as it is easier to modify or repeal; but as long as the body politic has sufficient interest in maintaining that statute and adequate political power, it can work.

But for those who are dissatisfied because they're not getting the results they want, our system will not, in fact no system will, guarantee any any particular results.The reality is that we live in a pluralistic, political society, and not everyone thinks as you do. People have varying beliefs, values, needs, wants and fears. People have differing views on the proper role government. So while you may use the tools the Constitution, our laws and our system give us to promote try to promote your vision of how things should be, others may and will be using those same tools to promote their visions.

The Constitution, our laws, and our system give us resource and remedies. We can associate with others who think as we do and exercise what political power that association gives us to influence legislation. We have the opportunity to try to join with enough other people so we can elect legislators and other public officials who we consider more attuned to our interests. And we can seek redress in court. And others who believe differently have the same opportunities.

The Constitution does not bestow wisdom. It's up to the body politic to be wise and to use the processes provided for in the Constitution to make wise decision and promote wise policies. A "system" can't be wise. It's up to us to learn how things work in the real world and develop the knowledge and skills necessary to promote our interests effectively using the tools the system provides.

We are "the system." We elect our representatives. We have the final say at the ballot box. If some of us aren't happy with how things are working it means we're failing to get enough people to go along with our values and beliefs. If we're not accomplishing what we want, "The fault, dear Brutus, is not in our stars, But in ourselves ..."