COLGROVE V. BATTIN
413 U.S. 149 (1973)
NATURE OF THE CASE: This was a dispute over the size of a jury.
FACTS: Local Rule 13(d)(1) provides for a jury of six. When the case was set for trial,
petitioner sought mandamus to impanel a 12-member jury. Petitioner contends that the local
rule violates the Seventh Amendment and 28 U.S.C. section 2072 (rules shall preserve the
right of trial by jury as at common law and as declared by the Seventh Amendment) and
inconsistent with Rule 48 which called for not less than twelve members for a jury. (Note
section 2072 was changed in 1988, and Rule 48 was amended in 1991). The Court of Appeals
found no merit, sustained the local rule, and denied the writ.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment