Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: bad company
"I was looking around and realized that Mr. Paulsen has usurped my right to sue anyone as the constitution of kansas has no equivilant of the 7th ammendment."

You certainly have the right to be ignorant of your own state constitution, but don't besmirch my name in the process.

First of all, the seventh amendment is not about a "right to sue". The seventh amendment states that a person has a right to a jury in a civil case. This amendment has not been "incorporated", which means that a jury trial in a civil case is not protected bt the U.S. Constitution.

The right to a jury in a civil case is protected by state constitutions. Kansas protects that right"

KANSAS CONSTITUTION
Kansas Bill of Rights
§ 5. Trail [sic] by jury. The right of trial by jury shall be inviolate
§ 10. Trial; defense of accused. In all prosecutions, the accused shall be allowed to appear and defend in person, or by counsel; to demand the nature and cause of the accusation against him; to meet the witness face to face, and to have compulsory process to compel the attendance of the witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed. No person shall be a witness against himself, or be twice put in jeopardy for the same offense.

Note!:§10 applies "In all prosecutions..." and is not, by its terms, limited to "criminal" prosecutions.

Without this in your state constitution, you would not have the right to a jury in a civil lawsuit.

113 posted on 06/09/2004 7:19:51 AM PDT by robertpaulsen
[ Post Reply | Private Reply | To 90 | View Replies ]


To: robertpaulsen

Close Mr paulsen but no cigar. You're reading way too much into #10 there . I win. You're too old fat man...and your tits are too big.


122 posted on 06/09/2004 9:11:59 AM PDT by bad company (this space for rent)
[ Post Reply | Private Reply | To 113 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson