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Page "Jury trial" ¶ 94
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right and trial
He claims that he was denied due process of law in violation of the Fifth Amendment, because ( 1 ) at a hearing before a hearing officer of the Department of Justice, he was not permitted to rebut statements attributed to him by the local board, and ( 2 ) at the trial, he was denied the right to have the hearing officer's report and the original report of the Federal Bureau of Investigation as to his claim.
He says that he was not permitted to rebut before the hearing officer statements attributed to him by the local board, and, further, that he was denied at trial the right to have the Department of Justice hearing officer's report and the original report of the Federal Bureau of Investigation as to his claim -- all in violation of the Fifth Amendment.
Petitioner also claimed at trial the right to inspect the original Federal Bureau of Investigation reports to the Department of Justice.
But in some jurisdictions, the state or prosecution may appeal " as of right " from a trial court's dismissal of an indictment in whole or in part or from a trial court's granting of a defendant's suppression motion.
For example Connecticut applies the following standard to review unpreserved claims: 1. the record is adequate to review the alleged claim of error ; 2. the claim is of constitutional magnitude alleging the violation of a fundamental right ; 3. the alleged constitutional violation clearly exists and clearly deprived the defendant of a fair trial ; 4. if subject to harmless error analysis, the state has failed to demonstrate harmlessness of the alleged constitutional violation beyond a reasonable doubt.
* in the United States, determining whether the Seventh Amendment's right to a jury trial applies ( a determination of a fact necessary to resolution of a " common law " claim ) or whether the issue will be decided by a judge ( issues of what the law is, and all issues relating to equity ).
* Civil Rights Act of 1991, providing the right to trial by jury on discrimination claims and introducing the possibility of emotional distress damages, while limiting the amount that a jury could award.
The Civil Rights Act of 1991 expanded the damages available in Title VII cases and granted Title VII plaintiffs the right to a jury trial.
The article also provides the right to be informed in a language one understands of the reasons for the arrest and any charge against them, the right of prompt access to judicial proceedings to determine the legality of one's arrest or detention and to trial within a reasonable time or release pending trial, and the right to compensation in the case of arrest or detention in violation of this article.
Article 6 provides a detailed right to a fair trial, including the right to a public hearing before an independent and impartial tribunal within reasonable time, the presumption of innocence, and other minimum rights for those charged with a criminal offence ( adequate time and facilities to prepare their defence, access to legal representation, right to examine witnesses against them or have them examined, right to the free assistance of an interpreter ).
When a group or organization was thus declared criminal, the competent national authority of any signatory had the right to bring persons to trial for membership in that organisation, with the criminal nature of the group or organisation assumed proved.
Indictable offenses are normally tried by jury, unless the accused waives the right to a jury trial.
Although the Sixth Amendment mandates the right to a jury trial in any criminal prosecution, the vast majority of criminal cases in the United States are resolved by the plea-bargaining process.
She is found guilty through a flawed trial, but claims the right to trial by combat.
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labor, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right to privacy, freedom of conscience, freedom of expression, freedom of assembly and association, and the right to marry and have a family.

right and by
Johnson unwired the right hand door, whose window was, like the left one, merely loosely-taped fragments of glass, and Johnson wadded himself into a narrow seat made still more narrow by three cases of beer.
He didn't stop till he was within three feet of Blue Throat and by that time the gang leader's right hand was on the butt of his revolver.
To their leaders the Constitution was a compact made by the people of sovereign states, who therefore retained the right to secede from it.
But though the Southern States, when drafting a constitution to unite themselves, narrowed the difference to this fine point by omitting to assert the right to secede, the fact remained that by seceding from the Union they had already acted on the concept that it was composed primarily of sovereign states.
If the Union conceded this to them, the same right must be conceded to each remaining state whenever it saw fit to secede: This would destroy the federal balance between it and the states, and in the end sacrifice to the sovereignty of the states all the liberty the citizens had gained by their Union.
Its appeal from ballots to bullets at Fort Sumter ended by costing the Southerners their right to have slaves -- a right that was even less compatible with the sovereignty of man.
When her right hand was incapacitated by the rheumatism, Sadie learned to write with her left hand.
If they are right, they will prevail of and by themselves.
Though Walter Ulbricht, by grace of Soviet tanks, may be head man in East Germany, that does not give him any right to usurp the government of East Berlin or to absorb that semi-city into the Soviet zone.
Less respect for the legal conventions was displayed by Castro's right hand man, Che Guevara, who edified the Inter-American Economic and Social council meeting in Montevideo by reading two secret American documents purloined from the United States embassy at Caracas, Venezuela.
The facts, he adds, are hidden from public view by squeamish objections to calling bad conditions by their right name and by insistence on token integration rather than on real improvement of the schools, regardless of the color of their students.
State and federal approval of right to walk out at any time when so voted by 51 per cent of the prisoners.
According to the official interpretation of the Charter, a member cannot be penalized by not having the right to vote in the General Assembly for nonpayment of financial obligations to the `` special '' United Nations' budgets, and of course cannot be expelled from the Organization ( which you suggested in your editorial ), due to the fact that there is no provision in the Charter for expulsion.
`` They'll get them by God and let them bring them down here to me, just let them, God, I'll slice their balls right off.
In addition, the right to vote the General Motors stock held by Du Pont was to be vested in Du Pont's stockholders, other than Christiana and Delaware and the stockholders of Delaware ; ;
and General Motors and Du Pont were to be ordered to terminate any agreement that provided for the purchase by General Motors of any specified percentage of its requirements of any Du Pont manufactured product, or for the grant of exclusive patent rights, or for a grant by General Motors to Du Pont of a preferential right to make or sell any chemical discovery of General Motors, or for the maintenance of any joint commercial enterprise by the two companies.

right and jury
That is, he did not claim in any of the four courts through which his case progressed that the jury charge had denied him any federal right.
After an initial rejection, which he attributed to a `` general Excitement against Abolition and Emancipation '', Giffen bribed the right individuals on the jury, and got the permission without further delay.
In the United States, the Fifth Amendment has been interpreted to prohibit a jury from drawing a negative inference based on the defendant's invocation of his right not to testify, and the jury must be so instructed if the defendant requests.
The right of one accused of a felony or serious crime to have the charges reviewed for probable cause by a grand jury before being tried by a petit jury, except for certain cases tried in courts-martial, is secured by the Fifth Amendment to the Constitution of the United States, but this has been abolished in most parts of the world.
The same year, trial by jury became a pretty explicit right in one of the most influential clauses of Magna Carta, signed by King John.
Jury trials in criminal cases were a protected right in the original United States Constitution and the Fifth, Sixth, and Seventh Amendments of the US Constitution extend the rights to trial by jury to include the right to jury trial for both criminal and civil matters and a grand jury for serious cases.
Some jurisdictions with jury trials allow the defendant to waive their right to a jury trial, this leading to a bench trial.
Some commentators contend that the guilty-plea system unfairly coerces defendants into relinquishing their right to a jury trial.
Therefore, though it exists, the right to challenge for cause during jury selection cannot be employed much.
Under Canadian law, a person has the right to a jury trial for all crimes punishable by five years of imprisonment or more.

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