Vegas Lawyer
Helping People Who
Were Hurt In Nevada

Dempsey, Roberts
& Smith, Ltd.
Attorneys-At-Law




Vegas Lawyer
Nevada Legal Help


Home
Mesothelioma
Slip & Fall
Medical Injury
Product Defect
Other Claims
Articles
Contact Us


Las Vegas Lawyer

Vegas Injury Law

Welcome to Vegas Lawyer. This site is for people who were hurt in Nevada. Contact us for a free consultation. You may want to read the Las Vegas Personal Injury Law introduction on our home page. Also, you can get an overview of other Nevada Legal Topics before you read the Article below.

vegaslawyer.net


  • Jury Trials in Civil Cases












  • Jury Trials in Civil Cases

    Rule 38, Fed. R. Civ. P., recognizes the Seventh Amendment right to trial by jury, and provides for demand of jury; but, failing such a demand, jury trial is waived. See also Rule 39, and 28 U.S.C. 1861 to 1874. Government suits for money are commonly tried to a jury, if demanded. Suits for civil penalties are triable to a jury. See Hepner v. United States, 213 U.S. 103, 115 (1909); United States v. Regan, 232 U.S. 37, 47 (1914); United States v. J.B. Williams Co., Inc., 498 F.2d 414 (2d Cir. 1974). United States Government Life and National Service Life Insurance litigation has been held subject to trial by jury. See, e.g., Law v. United States, 266 U.S. 494, 496 (1925). Actions which seek equitable relief are not triable to a jury. See 5 Moore's Federal Practice, 38.13 (2d ed.); United States v. State of La., 339 U.S. 699, 706 (1950).

    Suits brought against the Commodity Credit Corporation are to be tried without a jury. See 15 U.S.C. 714b(c); Cargill, Incorporated v. Commodity Credit Corporation, 275 F.2d 745, 748-751 (2d Cir. 1960). Little Tucker Act (28 U.S.C. 1346(a)(2), 1491) and Federal Tort Claims Act (28 U.S.C. 1346(b)) suits are tried without a jury. 28 U.S.C. 2402; United States v. Sherwood, 312 U.S. 584 (1941); O'Connor v. United States, 269 F.2d 578, 585 (2d Cir. 1959). The government's counterclaim or setoff, asserted in a Little Tucker Act or Tort Claims Act suit, is also to be tried without a jury. McElrath v. United States, 102 U.S. 426, 40 (1880); Cargill, Inc. v. CCC, 275 F.2d at 749; Terminal Warehouse of N.J. v. United States, 91 F. Supp. 327 (D.C.N.J. 1950). Denial of jury trial in such circumstances does not contravene the Seventh Amendment. "It hardly can be maintained that under the common law in 1791 jury trial was a matter of right for persons asserting claims against the sovereign." Galloway v. United States, 319 U.S. 372, 388 (1943); See also United States v. Sherwood, 312 U.S. at 587. Government sue-and-be-sued officers and agencies are considered to be the United States for the purpose of the no-jury trial provisions of 28 U.S.C. 2402. See 3A Moore's Federal Practice, 17.23 (2d ed. 1982); cf. SBA v. McClellan, 364 U.S. 446 (1960). Because of the possible impleader of third parties in actions under the Federal Tort Claims Act, simultaneous trials to court and jury can sometimes result. Indeed, in some cases the court and jury may reach contradictory findings. Cf. Eastern Air lines v. Union Trust Co., 239 F.2d 25 (D.C. Cir. 1956), cert. denied, 353 U.S. 942 (1957). In other cases, courts and juries have disagreed substantially in assessing damages against joint tortfeasors. See, e.g., Benbow v. Wolf, 217 F.2d 203, 204 (9th Cir. 1954); D.C. Transit System, Inc. v. Slingland, 266 F.2d 465 (D.C. Cir.), cert. denied, 361 U.S. 819 (1959).



    This information came from a
    US DOJ online article.

    *** Any law, statute, regulation or other precedent is subject to change at any time ***

    Index | Home

    Contact David Matheny, Esq. for a free consultation.

    (702) 388-1229




    Lawyer Search | Attorney Finder


    Search for more information on Vegas Law and Las Vegas Lawyers:

       




    Las Vegas Legal Help
    Vegas Law


















    Vegas Lawyer
    Vegas Lawyers

    Index | Home

    Find A Lawyer By State | Search For Attorneys By City | Get Legal Information | Contact Us





    DEMPSEY, ROBERTS & SMITH, LTD.
    520 South Fourth Street, Suite 360
    Las Vegas, Nevada 89101

    Las Vegas Lawyer - Las Vegas Attorney - Las Vegas Personal Injury Lawyer

    Neither the State Bar of Nevada nor any agency of the State Bar has certified any lawyer identified here as a specialist or as an expert.  Anyone considering a lawyer should independently investigate the lawyer's credentials and ability. This site is intended for Nevada residents and those with legal issues arising under the jurisdiction of the State of Nevada.  This site does not give legal advice or create an attorney-client relationship.  Laws are different in other states and localities, consult a local attorney.

    The information in this web site is provided for informational purposes only. The information does not constitute legal advice. The use of this site does not create an attorney-client relationship. Further communication with an attorney through the web site and e-mail may not be considered as confidential or privileged. Please contact our attorneys if you wish to discuss the contents of this web site. Any laws, rules or statutes giving any information, restrictions or deadlines, are always subject to change at any time - Contact a local attorney to obtain the current status of such information.

    In the series of Articles on this site, many government PSAs and other information are excerpted. All such materials are believed to be in the public domain. If any work is protected, contact the webmaster at any of the e-mail links and the material will be taken off the site immediately.

    If you experience unusual problems with this site or discover bad links, please email the webmaster. Thank you.

    Copyright: David Matheny, 2003-2005.