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Conservative's ForumConservative's Discussion ForumsConstitutional Issues › Can a state violate the US Constitution when aplying its own Constitution?
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Hot Topic (More than 10 Replies) Can a state violate the US Constitution when aplying its own Constitution? (Read 382 times)
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Re: Can a state violate the US Constitution when aplying its own Constitution?
Reply #10 - 11/14/17 at 09:03:29
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SurroundedByLiberals wrote on 11/11/17 at 18:41:17:
    He's up against precedence? 

He is up against a Supreme Court who has already ruled against him on the subject.  As I stated in the second post of this thread:

In Baldwin v. New York, 399 U.S. 66 (1970) the Supreme Court held that juries can be denied in cases involving "petty crimes."

A traffic violation, which no chance of ending up in prison, is considered a "petty crime."  States do not provide a trial by jury in such cases.
  
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Re: Can a state violate the US Constitution when aplying its own Constitution?
Reply #11 - 11/14/17 at 11:51:31
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    Interesting.
    Is it: States do not have to provide trail by jury?
    I believe here in California perps can demand a jury hearing of some kind (three judge panel, reduced size jury of peers) for just about anything.   
  
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Re: Can a state violate the US Constitution when aplying its own Constitution?
Reply #12 - 11/15/17 at 12:35:11
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SurroundedByLiberals wrote on 11/14/17 at 11:51:31:
    Interesting.
    Is it: States do not have to provide trail by jury?
    I believe here in California perps can demand a jury hearing of some kind (three judge panel, reduced size jury of peers) for just about anything.   
   

Even in California there are times when a jury can be denied.  "As a general proposition, the jury trial is a matter of right in a civil action at law, but not in equity." - C & K Engineering Contractors v. Amber Steel Co., Inc. (1978) 23 Cal.3d 1, 8, 151 Cal.Rptr. 323, 326

The actions listed below are recognized to be "equitable" in nature and hence triable by a judge and not a jury. (This is not a complete list)
  • For injunctive relief.
  • For specific performance of a contract.
  • To compel arbitration.
  • For "quasi specific performance" of a testamentary contract (e.g., to enforce oral agreement between testators who devise estates to each other and agree survivor will leave everything to plaintiffs).
  • To establish a constructive trust.
  • For an accounting.
  • For equitable restitution.
  • For cancellation of an instrument.
  • Reformation of a contract or other instrument.
  • Rescission of a contract or instrument.
  • To quiet title where there is no issue as to right of possession.
  • For damages or other relief under the doctrine of promissory estoppel.
  • Shareholder's derivative action.
  • Claims for breach of fiduciary duty.
  • Alter ego liability actions
  • Foreclosure of mortgage or lien on real or personal property.
  • Paternity actions.
  • Tax collection actions.
  • Action to set aside judgment for extrinsic fraud or mistake.
  • Action seeking payment from trust estate for services rendered to the estate.
  • Interpleader actions in which the rights of the parties as between themselves are governed by principles of equity.
  • To recover amounts paid as a "penalty" for breach of contract (invalid liquidated damages provisions).
  • Contempt proceedings
  • Ca Corp § 709 claims: Actions to determine corporate governance issues under Ca Corp § 709 (e.g., the validity of corporate director elections or appointments and the validity of the issuance of shares)
  • Proceeding for apportionment of settlement proceeds of wrongful death action.
  • Equitable defenses (e.g., res judicata, equitable estoppel, etc.)
  • Declaratory Relief: But Note: right to jury trial exists in a declaratory relief action "where such a right would be guaranteed if the proceeding were coercive rather than declaratory in nature." - State Farm Mut. Auto. Ins. Co. v. Sup.Ct. (Corrick) (1956) 47 Cal.2d 428, 432, 304 P.2d 13, 15
  
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Re: Can a state violate the US Constitution when aplying its own Constitution?
Reply #13 - 11/16/17 at 11:38:32
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Duly noted, excellent research, thank you.
  
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