Saturday, November 28, 2015

Galloway v. U.S case brief summary

Galloway v. U.S case brief

Facts: A case made it up to the Supreme Court, arguing that taking a case away from the jury is a violation of 7th amendment rights. 
Reasoning: Plaintiff’s used arguments that summary judgment is not allowed by the amendment which was ignored. They also tried historical arguments, which the court said is just not true. The court said that in 1791 there was no one common rule, it was constantly evolving and that is what law is about. Court held that the 7th amendment was there to preserve fundamental elements of a jury trial and not to talk about procedural aspects of what would be required. Plaintiff’s tried to attack the standard of proof judges require, but the court said that standards are decided by each judge depending on certain situations and that makes sense. Only that mere speculation is not allowed, only require probative facts to be alleged and explored. 

Black Dissent: Thinks that this decision is eroding the guarantee of the 7th amendments and judges roles in court. Used Henry’s words where he says that unanimous verdict of impartial men cannot be reversed to prove his point. He just talks a lot about history and how 7th amendment’s spirit was always kept throughout the years until now. 

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