3 Jury Trial Tips To Help Stop A Foreclosure Or Eviction And Other Civil Matters

A trial by jury is what can help people win their foreclosure matter and finding out these helpful hints about getting a jury trial may be just what is needed to start.

fishkill, United States - November 20, 2018 /PressCable/ —

Foreclosure is a difficult circumstance to deal with and it is vital that people gain as much knowledge as they can to help them keep their property. Also there are many other crucial civil matters where it is essential for one to seek out help in the process of establishing a winning strategy. One of the things that can make for a positive outcome in these matters is securing a jury trial in fighting foreclosure and other civil matters where applicable.

Here are some some tips and useful information in the pursuit of justice to consider in ones efforts to go for a jury trial instead of a trial by just having a judge sit over the matter.

Along these lines foreclosure and law researcher Guy Te Watson at Help-To-Stop-Foreclosure.Net says “People in foreclosure and other civil matters can fight for a jury trial, which to often is denied in such cases and that can be because of a lack of meaningful efforts to secure a trial by jury.” He further states that “When it comes to a particular situation everyone needs to do their own research into these matters as it applies to them.” And these tips herein can help with that research along the way.

First, from Guy Te’s research in certain circumstances including but not limited to many “foreclosures,” it is a constitutional right to have a jury trial for matters that include a debt of more than twenty dollars. The United States of America federal constitution states in the Seventh Amendment that “In suits at common law, where the value in controversy shall exceed twenty dollars, the right to trial by jury shall be preserved….” Using this constitutional provision can be of benefit as one works to save his or her real or other property and secure a trial by jury.

Second, State constitutions also usually include a significant clause that protects the right to a jury trial like the Constitution of the State of Alaska at section 16. Civil Suits; Trial by Jury, it states “In civil cases where the amount in controversy exceeds two hundred fifty dollars, the right of trial by a jury of twelve is preserved to the same extent as it existed at common law.” So state constitutions and their jury trial clauses can also make the difference between getting to call a jury or not be able to do so for a trial.

Third, one may wonder why should he or she request a jury over a trial by a judge. Well in the matter of Taylor v. Louisiana Justice White delivered the opinion of the court and says why a jury trial is important. He states, ” The purpose of a jury is to guard against the exercise of arbitrary power — to make available the common sense judgment of the community as a hedge against the overzealous or mistaken prosecutor and in preference to the professional, or perhaps overconditioned or biased response of a judge.”

According to American law the right to a jury trial is a due process right that people have and the Bill of Rights for the Constitution for the United States of America, states at Amendment V, “No person shall … be deprived of life, liberty, or property, without due process of law….” Furthermore, in US V. RIGSBY the Sixth Circuit Court (1995) in essence says that the requirement that a defendant receives a fair trial by a panel of impartial, that is to say indifferent jurors, is a basic mandate of due process.

When considering the right to due process in the united States of America by definition Black’s Law Dictionary states “It means due process of law warranted by the constitution, by the common law adopted by the constitution, or by statutes passed in pursuance of the constitution. 1 N. H. 53.” See Black’s Law Dictionary, First Edition, page 694.

Also, though one may have the right to a jury trial it is important to note that the courts have said that a mere scintilla of evidence is not really sufficient to submit a case to a jury; see SANJUAN V. IBP, INC. (10th Cir. 1998). So it is key to realize that people have and build a good argument and/or help their counsel do the same.

For more information on jury trials in foreclosure or other civil matters go to:

https://help-to-stop-foreclosure.net/

Contact Info:
Name: Guy Te Watson
Email: Send Email
Organization: Holpen.net - Help To Stop Foreclosure Net - c/o Guy Te Watson
Address: 982 main street pmb #141 - non-domestic, fishkill, new york 12524-9998, United States
Phone: +1-888-819-6554

For more information, please visit https://help-to-stop-foreclosure.net/

Source: PressCable

Release ID: 446699

Latest News

Wisconsin Senate to vote on firing agriculture secretary

Nov 17, 2019

MADISON, Wis. — Wisconsin's Republican-controlled Senate prepared Tuesday to fire the state agriculture secretary appointed by Democratic Gov. Tony Evers, the latest in a series of skirmishes between the governor and the GOP that comes as Wisconsin is losing dairy farmers at a record pace. Republicans and Evers have been fighting since before Evers even took office. Republicans convened a lame-duck session to pass laws weakening Evers' power in December. This summer, Evers used his expansive veto to reshape the GOP-passed state budget, resulting in attempts in court and through a constitutional amendment to weaken his veto authority. And on...

US tells UN it is pulling out of Paris climate deal

Nov 17, 2019

WASHINGTON — The United States has told the United Nations it has begun the process of pulling out of the landmark 2015 Paris climate agreement. Secretary of State Mike Pompeo said Monday that he submitted a formal notice to the United Nations. That starts a withdrawal process that does not become official for a year. His statement touted America's carbon pollution cuts and called the Paris deal an "unfair economic burden" to the U.S. economy. Nearly 200 nations signed the climate deal in which each country provides its own goals to curb emissions of heat-trapping gases that lead to climate...

Riot police storm Hong Kong malls to nip more protests

Nov 17, 2019

HONG KONG — Riot police stormed several malls in Hong Kong on Sunday in a move to thwart more pro-democracy protests, as the city's leader heads to Beijing for talks on deepening economic integration between the semi-autonomous Chinese territory and mainland China. There were calls online urging protesters to gather in seven locations to sustain a push for political reform following a chaotic day of protests and clashes with police on Saturday, with the anti-government movement showing no signs of letting up after nearly five months. Most of the rallies didn't pan out Sunday as scores of riot police took...

US economy defies threats with a solid job gain for October

Nov 17, 2019

WASHINGTON — A solid October jobs report on Friday spotlighted the surprising durability of the U.S. economy in the face of persistent trade conflicts and a global slowdown. The economy managed to add 128,000 jobs last month even though tens of thousands of workers were temporarily counted as unemployed because of the now-settled strike against General Motors. What's more, the government revised up its combined estimate of job growth for August and September by a robust 95,000. Though the unemployment rate ticked up from 3.5% to 3.6% in October, it's still near a five-decade low. And for a second straight...

Draghi stepped in during euro's darkest hour

Nov 17, 2019

FRANKFURT, Germany — Mario Draghi leaves as head of the European Central Bank credited with having rescued the eurozone from disaster with a well-timed phrase and bold action to back up his words. He expanded the bank's arsenal of crisis-fighting tools with new and unconventional policies, measures that he and others say helped end a financial crisis in 2010-2012 and create millions of jobs in the 19-country monetary union. Yet the closing days of his term have hardly been a victory lap. His departure is accompanied by an unusually public dispute among ECB board members over stimulus policies he pushed...