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.
Check out our eBook: How to Win at Law School to see how to transfer to a top law school, get the top grades in your class, and get a head start on the legal profession!
Small Business Tax Tips: Maximizing Deductions and Credits https://pixabay.com/photos/money-bills-calculator-to-save-256312/ Managing a sma...
Class 1: Elements of Fundamental Value: Present Value, Future Value, Net Present Value: Elements of Fundamental Value (38) One year : ...
I can help you land in the top 10% of your law school class. Imagine, how your life would be different if you were in the top 10% o...
Case Brief: Bonito Boats, Inc. v. Thunder Craft Boats, Inc. 489 U.S. 141 (1989) Facts: In this case, Bonito Boats, Inc. (Bonito) and Thunder...