Legal Question in Civil Litigation in Oregon
Can 28 USC 1915 be considered unconstitutional in violation of 7th Amend. demand for a jury trial, and why does court get to decide the material facts in such cases, including summarily dismissing the case before a trial and jury?
Asked on 5/17/10, 2:56 pm
1 Answer from Attorneys
Lawrence D. Gorin, Atty.
Law Offices of Lawrence Gorin
YOUR QUESTION:
Can 28 USC 1915 be considered unconstitutional in violation of 7th Amen demand for a jury trial?
ANSWER:
No.
YOUR QUESTION:
Why does court get to decide the material facts in such cases, including summarily dismissing the case before a trial and jury?
ANSWER:
Because that is the procedure established by Congress. Keep in mind that if your case is dismissed upon summary judgment, you have the right to appeal the judge's decision to a higher court.
Answered on 5/22/10, 5:18 pm
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