Would Pres. Trump get a Jury Trail simply by checking a box? NO, Leftists are Lying

[Bigdog]

" ... As a result there exists a firm legal argument that this case was never eligible for a jury trial in the first place. As Schoen noted, however, there is no reason why the Trump legal team could not have at least attempted to do so, as First American Corporation did in their failed appeal for a jury trial in 2011.

Such an argument, Schoen said, might have been raised regarding the 250 million dollars in financial restitution sought by James. "I would have filed a jury demand to litigate the issue because here there are very severe monetary punishments at issue, potentially. And I think there's a strong argument to be made for the right to a jury trial," he said on CNN.

While a substantial sum, the $250 million penalty is still a form of equitable relief, as described by James in her initial complaint. That relief, known as disgorgement, requires "a party who profits from illegal or wrongful acts to give up any profits they made as a result of that illegal or wrongful conduct."

It is true, as Judge Engoron stated, that the Trump team did not try to assert a right to a jury trial under N.Y. CPLR 4102. It is also true, however, that being awarded a jury trial would have been much more complicated than simply "checking a box."

https://news.yahoo.com/did-trumps-lawyers-forget-check-003500909.html

 

[Bigdog]

"Several courts in New York have ruled that there is no constitutional right to a jury"

 

[Concart]

Quit whining little baby. Trump has a constitutional right to a jury trial. He waived that right. You little babies cry about eerything.

Big Dog my ass. You are a fuckihg yappy chihuahua.

 

[Yakuda]

Quit whining little baby. Trump has a constitutional right to a jury trial. He waived that right. You little babies cry about eerything.

Big Dog my ass. You are a fuckihg yappy chihuahua.

This from someone who things misgendering is a crime.

Just a side note did you not notice the squiggly red lines in your hast to post hateful comments?

 

[Bigdog]

Quit whining little baby. Trump has a constitutional right to a jury trial. He waived that right. You little babies cry about eerything.

Big Dog my ass. You are a fuckihg yappy chihuahua.

"there is no right to a jury trial under New York executive law 63(12)"

 

[Jarod]

" ... As a result there exists a firm legal argument that this case was never eligible for a jury trial in the first place. As Schoen noted, however, there is no reason why the Trump legal team could not have at least attempted to do so, as First American Corporation did in their failed appeal for a jury trial in 2011.

Such an argument, Schoen said, might have been raised regarding the 250 million dollars in financial restitution sought by James. "I would have filed a jury demand to litigate the issue because here there are very severe monetary punishments at issue, potentially. And I think there's a strong argument to be made for the right to a jury trial," he said on CNN.

While a substantial sum, the $250 million penalty is still a form of equitable relief, as described by James in her initial complaint. That relief, known as disgorgement, requires "a party who profits from illegal or wrongful acts to give up any profits they made as a result of that illegal or wrongful conduct."

It is true, as Judge Engoron stated, that the Trump team did not try to assert a right to a jury trial under N.Y. CPLR 4102. It is also true, however, that being awarded a jury trial would have been much more complicated than simply "checking a box."

https://news.yahoo.com/did-trumps-lawyers-forget-check-003500909.html

They did not even try for a jury trial. Dumb Shits.

 

[Bigdog]

They did not even try for a jury trial. Dumb Shits.

Because they would not have gotten one, dickbreath.

" N.Y. CPLR 4101 explicitly states that "equitable defenses and equitable counterclaims … shall be tried by the court" — i.e. without a jury. Several courts in New York have ruled that there is no constitutional right to a jury"

 

[Joe Capitalist]

Quit whining little baby. Trump has a constitutional right to a jury trial. He waived that right. You little babies cry about eerything.

Big Dog my ass. You are a fuckihg yappy chihuahua.

More like a Mangey Mutt if you ask me.

 

[PostmodernProphet]

Would Pres. Trump get a Jury Trail simply by checking a box?

in a civil case, yes.....that is also true under Michigan law.....the defendant must affirmatively demand a jury trial in his initial pleading....

 

[PostmodernProphet]

Because they would not have gotten one, dickbreath.

" N.Y. CPLR 4101 explicitly states that "equitable defenses and equitable counterclaims … shall be tried by the court" — i.e. without a jury. Several courts in New York have ruled that there is no constitutional right to a jury"

"equity" is different than "the law"......only a judge may make equitable judgements in most states.....for example, the law only enforces a contract......equity (what ought to be) may require a contract to be voided or modified.......juries are not allowed to have that power......

Trump would have had a jury trial if it had been affirmatively pled.......personally I think they should NOT have asked for a jury trial......this case is far to complex for a layman to understand.....he's better off in court AND on appeal with a bench trial.....

 

[Bigdog]

in a civil case, yes.....that is also true under Michigan law.....the defendant must affirmatively demand a jury trial in his initial pleading....

"The precedent stems not from 63(12) cases specifically, but from legally defined exemptions to a right for a jury trial in New York.

The specific distinction applies to cases in which the damages awarded are "equitable" in nature. Such remedies are ones in which the "court compels the defendant to perform a certain act or refrain from a certain act."

 

[ExpressLane]

Quit whining little baby. Trump has a constitutional right to a jury trial. He waived that right. You little babies cry about eerything.

Big Dog my ass. You are a fuckihg yappy chihuahua.

Sober up for your lunch run. People don't like drunk Uber Eats drivers delivering their french fries.

 

[PostmodernProphet]

"The precedent stems not from 63(12) cases specifically, but from legally defined exemptions to a right for a jury trial in New York.

The specific distinction applies to cases in which the damages awarded are "equitable" in nature. Such remedies are ones in which the "court compels the defendant to perform a certain act or refrain from a certain act."

no.....it was because they didn't ask for one.....

court compels the defendant to perform a certain act or refrain from a certain act

that is an injunction and yes, that would be an equitable act.....even in a jury trial, equitable actions like injunctions and gag orders are in the sole authority of the court.....

 

[archives]

Stop crying, Trump’s army of attorneys either f*cked up, obvious if they were competent lawyers they would have known they always had that option, or, Trump didn’t want a jury trial, last thing he would want is his shaky fiancés aired for public viewing

 

[Bigdog]

no.....it was because they didn't ask for one.....



that is an injunction and yes, that would be an equitable act.....even in a jury trial, equitable actions like injunctions and gag orders are in the sole authority of the court.....

I respect your legal knowledge, PMP.

I think the request would have been denied for reasons I already cited.

"It is also true, however, that being awarded a jury trial would have been much more complicated than simply "checking a box."

 

[PostmodernProphet]

possibly......out of about 7000 cases I had 8 jury trials over 44 years.....there would have been more but the tenants failed to do everything they were required to do.......demand the jury in their initial appearance, pay the jury trial fee within 24 hours, pay their rent into court ordered escrow monthly during the pendancy of the trial (where most failed), show up for pretrials and jury selection........

 

[QP!]

Certain aspects of the Trial are for the Judge (Bench)_ to decide and not a jury.

But Trump would have had a strong argument to separate out the remaining counts against him, into a Jury trial had he only asked.

You do not get what you do not ask for.

...Trump's lawyers never filed anything to court arguing otherwise, court records show. They had the opportunity to ask for a jury trial — but didn't.

Under the statute where James brought her lawsuit, it wasn't necessarily guaranteed that Trump would have gotten a jury to decide the case. But his lawyers didn't even ask Engoron to consider it.

Alina Habba, one of the attorneys representing Trump in the case, said Trump wanted a jury in the case.

"I know my client did want a jury, and we did want that," she said.

She did not explain why they didn't ask for one....

cite

These things below, if requested almost certainly would have been granted a jury trial ...separate from the major fraud issue already ruled upon, and its outstanding 'judgment' considerations which are required to be Bench (Judge) only.

...Trump and his sons face additional civil penalties for allegedly violating three state laws, namely, falsifying business records, conspiring to file false financial statements, and insurance fraud.

(For those following along in their hymnals, see pages 209-212 here, in the lawsuit for those yet-resolved issues, listed as "causes of action" numbers 2 through 7.)...

As always it is Trump incompetence and stupidity that results in problems, but thankfully, this time, only for himself.

 

[Jarod]

Certain aspects of the Trial are for the Judge (Bench)_ to decide and not a jury.

But Trump would have had a strong argument to separate out the remaining counts against him, into a Jury trial had he only asked.

You do not get what you do not ask for.


These things below, if requested almost certainly would have been granted a jury trial ...separate from the major fraud issue already ruled upon, and its outstanding 'judgment' considerations which are required to be Bench (Judge) only.



As always it is Trump incompetence and stupidity that results in problems, but thankfully, this time, only for himself.

It seems like he does it on purpose, because he enjoys blaming those problems on everyone else so much.

 

[Jarod]

possibly......out of about 7000 cases I had 8 jury trials over 44 years.....there would have been more but the tenants failed to do everything they were required to do.......demand the jury in their initial appearance, pay the jury trial fee within 24 hours, pay their rent into court ordered escrow monthly during the pendancy of the trial (where most failed), show up for pretrials and jury selection........

I don’t get one if you don’t ask for one. If you don’t ask for one, it’s silly to cry like a baby about it and blame everyone else.

 

[Bigdog]

"In an interview with Newsmax, Trump lawyer Alina Habba made the argument that her team, in fact, never had a right to a jury trial in the first place:

I have to address this one common misconception in the press, and unfortunately it just keeps getting repeated, which is that we have this great option to have a box checked for a jury.

No, we didn't have that. That's not how this works. They brought it under Section 63(12), which is a very narrow, not appropriately used section of the law, which is for consumer protections, not this. And that is why we're sitting here in front of a judge."