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

More News From Action Swift

The Latest: Logano wins 1st stage at Kansas Speedway

Dec 12, 2019

KANSAS CITY, Kan. — The Latest on the NASCAR Cup Series elimination race at Kansas Speedway (all times local): 2:45 p.m. Joey Logano got a big push from Chase Elliott on a restart with two laps left in the first stage, then held on to grab valuable playoff points in NASCAR's elimination race at Kansas Speedway. The caution flag flew Sunday when Ryan Newman tagged the wall, setting up a two-lap sprint for the final stage. Ryan Blaney led Clint Bowyer to the green flag on the restart, but the field went five-wide down the back stretch and Logano took...

NASCAR closes $2B purchase of International Speedway Corp.

Dec 12, 2019

DAYTONA BEACH, Fla. — NASCAR closed its $2 billion purchase of International Speedway Corp. on Friday, bringing under the sanctioning body's control 12 tracks that include Daytona, Talladega and Miami-Homestead Speedway. The merger was announced in May and shareholders voted to approve it Wednesday. The sale merges the two companies under one organizational structure with NASCAR chairman and CEO Jim France continuing in the same role. ISC chief executive Lesa France Kennedy will become the executive chair and NASCAR president Steve Phelps will oversee day-to-day operations of the merged companies. "The merger of NASCAR and ISC represents a historic moment...

The Latest: Playoff drivers Logano, Elliott grind at Dover

Dec 12, 2019

DOVER, Del. — The Latest on the NASCAR race at Dover International Speedway (all times local): 3 p.m. Reigning series NASCAR Cup champion Joey Logano and Chase Elliott both ran into major issues in their playoff push early at Dover International Speedway. Logano's No. 22 Ford had an issue with the rear of the car and was forced to the garage before the green flag dropped. Elliott, who won last week at Charlotte, also had his Chevrolet sent to the garage before 10 laps were complete with a blown engine. Both drivers are among the 12 in the NASCAR playoff...

Custer takes checkered at Dover for 7th Xfinity win of year

Dec 12, 2019

DOVER, Del. — Cole Custer raced to his seventh Xfinity Series victory of the season Saturday at Dover International Speedway. The 21-year-old Custer, who made his 100th start, proved as a top contender for the title as NASCAR's second-tier series gets set to move into the next round of the playoffs. Custer started from the pole in the No. 00 Ford for Stewart-Haas Racing and led 31 laps to win for the time since August. "I wanted to win here so bad for so long," Custer said. Custer, Christopher Bell and Tyler Reddick have combined to win 19 of the...

Herta continues to overshadow IndyCar championship race

Dec 12, 2019

MONTEREY, Calif. — Colton Herta shifted the spotlight away from IndyCar's championship race with yet another masterful drive around Laguna Seca Raceway. The 19-year-old rookie won the pole for Sunday's season-ending race roughly an hour after Andretti Autosport said it was pulling Herta inside its organization next season. It's capped a masterful debut weekend at Laguna Seca for Herta, who has been one of the fastest drivers in every session. His win this season days before his 19th birthday made him IndyCar's youngest winner, and Saturday's pole was his third of the season. His father, Bryan, is a two-time winner...

Sign up now!

Action Swift is your fighting sports news site featuring boxing, fencing, martial arts, mixed martial arts and sumo. It’s time for some action!