TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 10 P13

Gale Encyclopedia of American Law Volume 10 P13 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 108 TRIAL James 1566-1625 of England declared that certain crimes in the colonies were to be tried before juries. In early civil trials the parties could choose by mutual consent a jury or court trial. Criminal defendants could also choose a jury or court trial. By the late 1600s several colonies were holding jury trials but jury trials were unavailable to many citizens. During the revolutionary period 17651815 many documents noted the importance of jury trials. The colonists feared that they could not get a fair trial before a judge who usually was appointed by the king or his representatives. In 1774 the First continental congress declared that the colonists were entitled to the great and inestimable privilege of being tried by their peers of the vicinage. The 1775 Declaration of Causes and Necessities and Taking Up Arms specifically noted the deprivation of jury trials as a justification for forcibly resisting English rule. The declaration of independence noted that many colonists were not permitted jury trials. The constitution of Virginia which is considered the first written constitution of modern republican government contained a bill of rights providing for a jury of 12 and a unanimous verdict in criminal cases and trial by jury in civil cases. After several other states adopted similar provisions in their constitutions the . Constitution was drafted to require trial by jury in criminal cases. Although the constitution did not provide for jury trials in civil cases the first congress incorporated trial by jury in civil cases into the Bill of Rights. since that time trial by jury has become universal in the courts of the United states although juries are not used in all cases. Pretrial Matters Technically a trial begins after the preliminary matters in the action have been resolved and the jury or court is ready to begin the examination of the facts. The trial ends when the examination is completed and a judgment can be entered. The trial of a jury case .

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