Posted on 03/27/2005 8:04:26 AM PST by Critter
I digress, but Congress should have been paid for every day that it was NOT in session. The country would have been better for it.
Parking tickets are valued at more than $20, but they fall under criminal law, not common law. In any case, you conceivably could get a jury trial for a parking ticket in some states; most people couldn't pay their own attorney for such an outrage.
That civil suit was a malpractice suit when she first was injured. So far, no jury has heard the case about pulling the feeding tube.
Could it also be that according to Florida State Law, cases such as this are heard only by a judge.
Do facts/interpretations of law have jury trials?.....
why is Jeb just doing nothing?! PLEASE Bush, so something, don't let the liberals kill her. She's alive, and she needs help!
Who cares about the law, we are RIGHT! Rush said so.
Rush said so.
Can Florida state law trump the US Constitution?
The 7th amendment secures the right to a jury trial in common law disputes over $20.
If the Schindlers were suing MS for custody of Terri and the remaining malpractice settlement money to continue her care, it would satisfy the requirements of the 7th amendment.
Wouldn't a suit like this force a reinsertion of the feeding tube pending outcome of litigation?
On June 25, 1798, the Senate adopted a rule specifying its manner and penalties for enforcing senators’ attendance. As spring gave way to summer, more than one-third of the Senate’s membership failed to show up for individual votes. Some senators had left the capital to return to their states for the customary five-month break that lasted until the first week in December. Senate leaders, however, had other plans for members before an adjournment would be possible. At the top of their list of unfinished business was one of the notorious Alien and Sedition Acts.
The Senate’s new rule provided that less than a quorum could authorize expenses for the sergeant at arms to bring absent members back to the chamber. The office of sergeant at arms had recently been created specifically for chasing down absent senators and reluctant witnesses needed for the conduct of Senate business. Those senators who had prematurely left town without a sufficient excuse would be required to pay whatever expenses the sergeant at arms incurred in returning them.
I think we need to enforce the attendance policy
The Constitution allows for physically dragging senators and house members.
I's like to see pay pro-rated according to actually voting attendance. You miss 50% or more of the votes(a la John Kerry), you give up that percentage of your salary.
What we then do is offer pay incentives and bonuses for staying out of the way.
i live in florida and much more than reforms is needed.
come on down as ANY help would be more than appreciated :)
And, if a court were to throw out the suit, wouldn't they would have a basis for another appeal to a higher court, even the supremes, a violation of 7th amendment rights?
You could argue that the de novo hearing in Federal Court could be grounds to demand a jury trial. But Gibbs still would have to prove to the judge that the Schindlers had a "strong likelihood of prevailing."
If Congress had passed the law before the tube had been removed, then the "Status Quo" would be with Terri receiving food and water through the tube. Taking it out would be the big issue, not putting it back in. Unfortunately, they waited until after the tube was removed.
The judge never allowed in new evidence and always ruled for the husband. Do you think there was any bias on the part of Judge Greer throughout this whole ordeal? Or do you believe he felt he was just following the law as he understood it? Think all the stuff with the hospice and witnesses who have come forward isn't a little suspicious? Isn't it worth somebody at least investigating? And back to square one - do we really trust judges now?
The 7th amendment does not qualify the guarantee with needing a "strong likelihood of prevailing".
It sounds to me as if the Schindlers are fighting Michael's suit to allow removla of tube. I don;t know. I have not been involved in this very long.
My point is that they sjould file their own suit now, for reinsertion of tube, and that all settlement money be turned over the them for Terri's care and insist on two things:
1) That case be heard by a jury
2) That feeding tube be reinserted pending outcome of jury trial.
If the case is denied, then they have another avenue of appeal, 7th amendment violation.
I'm not a lawyer. I'm just going by what I am reading in the founding documents. Since they are written in simple English, I assume them to mean what they say. :)
There. The seargant-at-arms of the United States Congress can and will rescue Terri Schiavo (or her corpse) to testify before Congress, subject of course to whatsoever restrictions that Judge George Greer deems appropriate.
Why no jury?
There has been no jury because the cases that have been filed on Terri's behalf have sought equitable relief, rather than legal relief. The distinction between "legal" and "equitable" relief is an important aspect of the American legal system. The right of jury trial in civil cases is guaranteed by the Seventh Amendment of the Constitution, but only in cases that traditionally would have been handled by the law courts at Common Law. The question of whether a case should be determined by a jury depends largely on the type of relief the plaintiff requests. If a plaintiff requests damages in the form of money or certain other forms of relief, such as the return of a specific item of property, the remedy is considered legal, and the American Constitution guarantees a right to a trial by jury. On the other hand, if the plaintiff requests an injunction, declaratory judgment, specific performance or modification of contract, or other non-monetary relief, the claim would usually be one in equity. Since equitable relief has been sought on behalf of Terri, i.e. temporary restraing orders, temporary injunctions, and the like, the relief she has sought is equitable in nature and hence she is not entitled to a jury. If, on the other hand, she sought monetary damages, for example, if she filed an action against her husband for causing her condition, she would be seeking legal relief and hence would be entitled to a jury.
As to whether she has her own attorney, she theoretically does. She is represented by her guardian ad litem, her husband, who has been appointed by the court to represent her. His attorney is thus in effect her attorney. Should he have been appointed to be her guardian ad litem. That is the crux of the case and the answer is of course "no". He has a huge conflict of interest. The guardain ad litem (GAL) is supposed to be a neutral party. He cannot be neutral with a girlfriend of ten years by whom he has two children. He has an interest in seeing her die so he can remarry. A divorce would have been bad publicity. Hopefully he will get his due, maybe an investigation for murder which leads to an indictment. Never forget - what goes around comes around.
Very good explanation, thanks!
Now, is it too late for the Schindlers to sue for the remaining money from the malpractice case, to use for continued care of Terri, and also custody of Terri? Then would they have a case seeking both forms of relief, making a jury trial an option?
Judge Greer is now the Governor of Florida and the President of the United States at the same time. Wow - I hadn't realized how powerful satan was before this.
I thought he was also the US Senate, US Congress and Flordia state legislature and senate? Not to mention Director of FL DCFS, and the grand high exalted mystic ruler of the loyal order of water buffalo...
Every now and then the DC cops will nail somebody's car where the tally is up in the thousands of dollars.
Bet you haven't had a parking ticket lately have you?
Oh, we forgot the Pope, head of the Catholic Church. Greer speaks for the Vatican, too, don't ya know.
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