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1 Jul 2024, 6:41 am
In its decision, SCOTUS addressed only one of the Fifth Circuit’s bases for vacating the SEC order – namely, that the pursuit of civil remedies for antifraud violations violated the Seventh Amendment right to a jury trial. [read post]
1 Jul 2024, 6:33 am
Because the jury trial issue resolved the case, the Court declined to reach the nondelegation or removal issues. [read post]
1 Jul 2024, 6:00 am
The Fifth Amendment contains five constitutional rights: The right to indictment by the grand jury before any criminal charges for felonious crimes Prohibition on double jeopardy A right against forced self-incrimination A guarantee that all criminal defendants have a fair trial A guarantee that the government cannot seize private property without making due compensation at the market value… [read post]
1 Jul 2024, 5:30 am
Conservatives love the common law when it’s used to disable legal remedies, but the majority noted that this jury-rigged standard didn’t make sense. [read post]
1 Jul 2024, 5:11 am
The Supreme Court ultimately held that defendants are entitled to jury trials when the SEC seeks civil penalties against them for securities fraud. [read post]
1 Jul 2024, 2:17 am
If you have suffered an injury in an accident while riding as a passenger in an Uber, you may be wondering – who is responsible for paying for my injuries and damages? [read post]
30 Jun 2024, 9:01 pm
“This case transcends football,” said Bill Carmody, an attorney for the plaintiffs. [read post]
30 Jun 2024, 7:00 pm
If your own case goes to trial, your DUI lawyer will explain this to a jury. [read post]
30 Jun 2024, 1:32 pm
If a jury convicts a defendant of capital murder in Texas, state law requires the trial court to conduct a separate sentencing proceeding before that same jury. [read post]
30 Jun 2024, 11:37 am
After a jury trial addressing damages, the defendants to seek a retrial or a reduction of the damages. [read post]
30 Jun 2024, 9:50 am
The case of Marion Hedges is both tragic and complex. [read post]
30 Jun 2024, 5:24 am
What happens when a jury has to consider inconsistent evidence during trial? [read post]
30 Jun 2024, 4:00 am
Lozada, 2023 ONCA 221; 2024 SCC 18 (40701)(40709) The jury here was accurately instructed on the issue of causation. [read post]
29 Jun 2024, 4:00 pm
An indictment is a grand jury’s declaration that there is probable cause to proceed with a charge. [read post]
29 Jun 2024, 4:00 pm
An indictment is a grand jury’s declaration that there is probable cause to proceed with a charge. [read post]
29 Jun 2024, 4:00 pm
An indictment is a grand jury’s declaration that there is probable cause to proceed with a charge. [read post]
29 Jun 2024, 1:18 pm
In these cases, the court is saying that “but for” the official misconduct or the flawed evidence used to convict, there is a reasonable probability that the jury would have reached a different verdict. [read post]
29 Jun 2024, 1:11 pm
Here, a jury convicted Bolourchi of a DUI offense in violation of section 23152, subdivision (f), and bribing an executive officer. [read post]
29 Jun 2024, 9:48 am
Failing to object at the right time can allow potentially damaging evidence to be considered by the jury. [read post]
29 Jun 2024, 5:29 am
If these options fail, the case proceeds to trial, where a judge or jury will decide the outcome based on the evidence presented. [read post]