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

Riot police storm Hong Kong malls to nip more protests

Nov 12, 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...

Nissan ex-chairman Ghosn's lawyers want charges dismissed

Nov 12, 2019

TOKYO — The lawyers of former Nissan Chairman Carlos Ghosn, who is awaiting trial in Japan, said Thursday they have asked that financial misconduct charges against him be dismissed. They said in a statement that they filed papers in Tokyo District Court alleging prosecutorial misconduct that would prevent Ghosn from having a fair trial. The filings say the case results from unlawful collusion between prosecutors, government officials and Nissan executives to drum up allegations. The papers Ghosn's lawyers filed in Tokyo District Court last week allege collusion between the prosecutors, government officials and executives at Nissan Motor Co. to drum...

China says US has 'weaponized' visas to target exchanges

Nov 12, 2019

BEIJING — China on Wednesday accused the U.S. of having "weaponized" the issuance of visas following the reported inability of a top Chinese space program official to obtain permission to travel to a key conference in Washington. Foreign Ministry spokeswoman Hua Chunying told reporters that the head of the Chinese delegation to the International Astronautical Congress wasn't able to obtain a visa following an Oct. 12 interview, making it difficult for Chinese representatives to attend important events at the meeting. Reports said the vice chairman of the China National Space Administration, Wu Yanhua, had planned to attend the congress. Hua...

Hong Kong police say homemade bomb targeted officers

Nov 12, 2019

HONG KONG — A homemade, remote-controlled bomb intended to "kill or to harm" riot control officers was detonated as they deployed against renewed violence in Hong Kong over the weekend, police said Monday, in a further escalation of destructive street battles gripping the business hub. The "loud thud" Sunday night close to riot officers who had been clearing away a protester-built road block marked the first known use of an explosive device during protests that started in June over a contested extradition bill and have snowballed into an anti-government, anti-police and anti-China movement. "It exploded less than 2 meters (yards)...

Asian stocks gain after US, China announce truce on tariffs

Nov 12, 2019

BEIJING — Asian stock markets have risen after Washington and Beijing announced a truce on tariff hikes in a trade war. Benchmarks in Shanghai, Hong Kong and Seoul advanced. Japanese markets were closed for a holiday. President Donald Trump agreed Friday to put off planned tariff hikes this week on Chinese goods in a fight over Beijing's trade surplus and technology plans. In exchange, he said China would buy American farm goods. But the two sides reported no progress on basic disputes that sparked the 15-month-old fight that threatens global economic growth. Friday's truce "has simply temporarily halted the escalation...

Subscribe To Our Newsletter