Adventures with Lyrical: Buying a Business (REPOST)

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OneofOne

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I'm a lawyer, even small claims cases are done in front of juries, if either party requests it (which they nearly always do.) Virtually all civil cases are heard by juries. Civil vs. criminal has nothing to do with it.
Source please. EVERY source I've found via google says you are wrong.
 

Cad

scientia potentia est
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The last time I sued someone for non-payment, there was just a judge. That was five years ago, and it was in a small country town (if that matters). There was no jury. And I won.

This is in a much bigger and affluent area. I'm not sure if that impacts it.
It doesn't, everyone has the right to a jury; if they didn't request it (or just didn't show up, in which case you were just there for a motion for judgment) then it might have been a bench trial. Bench trials are rare though. I've never done one.
 

Cad

scientia potentia est
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Work on your reading comprehension if you don't think the 7th amendment guarantees the right to jury trial in suits at law. As opposed to suits in equity.
 

OneofOne

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Who the hell cares what you are ALLOWED to do, we're talking about what actually happens. "Virtually all civil cases are heard by juries" is an outright lie.
 

Cad

scientia potentia est
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Oh okay. I guess the 15 trials I've first chaired, the hundreds I've seen in progress, and all the lawyers I know and all the law work I've been doing for years now doesn't say the opposite or anything. Do bench trials happen? Yes of course. They are rare, and in any important case, it'll be a jury trial, civil or criminal. Of course there are exceptions. But you can count on almost any case that goes to trial having a jury.

You're just wrong, deal with it. Move along.
 

OneofOne

Silver Baronet of the Realm
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If you'd like to amend your statement to "in my county" that's fine. Otherwise put up or shut up.
 

OneofOne

Silver Baronet of the Realm
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You're right, the US Constitution only applies in certain counties. My bad.
Jesus christ you have the memory of a goldfish. How are you this fucking retarded? Never mind, I don't really care. I'm bowing out to stop shitting up Lyrical's thread.
 

Shonuff

Mr. Poopybutthole
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Yesterday, the customer found out who my insurer was, and filed a claim against me. In talking with the adjuster, based on the evidence I've shown, they are going to tell the customer that it's not what they'd cover. They are going to tell the customer, based on the investigation, that it was their mechanical defect. This strengthens my argument, that both the gate installer and adjuster say the gate malfunctioned. These things have failsafes built in, I'm thinking this will be a pretty easy argument in court.
 

Tuco

I got Tuco'd!
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http://www.bjs.gov/content/pub/pdf/cbjtsc05.pdf



Not as high as I thought; but still. Count on going before a jury.
I'm surprised it's that high, not that I had any strong preconceptions on it, but if you asked me yesterday I would've put it at closer to 10%. I want a jury of my peers to determine criminal guilt, but I'd hate to have those drooling retards decide a civil case that is more law related than truth.

Also OneofOne, I'd say an apology is in order.
 

OneofOne

Silver Baronet of the Realm
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WTF? Go screw yourself. 1) 70% is not "virtually all" 2) his stat is 8 years old, the % of jury trials in civil cases has been declining rapidly before then, and since then. You wanna post something within the last 2 years that says otherwise, go for it Tuco.

(And if I want to get petty, his OWN source states the number of civil cases that see the inside of a courtroom is trivial compared to the total, but I don't need to, it's just icing)
 

Shonuff

Mr. Poopybutthole
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WTF? Go screw yourself. 1) 70% is not "virtually all" 2) his stat is 8 years old, the % of jury trials in civil cases has been declining rapidly before then, and since then. You wanna post something within the last 2 years that says otherwise, go for it Tuco.

(And if I want to get petty, his OWN source states the number of civil cases that see the inside of a courtroom is trivial compared to the total, but I don't need to, it's just icing)
I bet it differs from town to town. Like I said, I sued the one customer in a small country town, and had to sit through several cases that were heard by the Judge only.
 

OneofOne

Silver Baronet of the Realm
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No doubt it does. And I even allowed him that "out" but he choose not to take it /shrug
 

opiate82

Bronze Squire
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Having to take a customer to court is always a dubious situation. You just know the customer is going to bad-mouth you to anyone and everyone who will listen and you get no chance to tell your side of the story. But eventually you have to weigh the potential losses and protect your interests. Odds are you weren't going to get a lot of word-of-mouth from these guys anyways. Hopefully they are "those neighbors" and their word won't carry much weight with their neighbors, if they are even on speaking terms at all (which I am willing to wager, if that is the way they are, they probably have had issues with the neighbors as well).

I have a buddy who is a contractor who told me every single time he has worked for a lawyer they have sued him in an effort not to pay regardless of the quality of work done. Some people are just sue-happy.
 

Cad

scientia potentia est
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WTF? Go screw yourself. 1) 70% is not "virtually all" 2) his stat is 8 years old, the % of jury trials in civil cases has been declining rapidly before then, and since then. You wanna post something within the last 2 years that says otherwise, go for it Tuco.

(And if I want to get petty, his OWN source states the number of civil cases that see the inside of a courtroom is trivial compared to the total, but I don't need to, it's just icing)
You've got to know what you're looking at. The number of cases that actually go to trial (jury or bench) has been declining rapidly every year; not the number that go to JURY trial vs. bench trial.
 

Cad

scientia potentia est
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I bet it differs from town to town. Like I said, I sued the one customer in a small country town, and had to sit through several cases that were heard by the Judge only.
I don't think it differs materially from town to town. I think you need to know whether you were sitting in on hearings or relating to a case or the trial itself. If you just randomly went to a courtroom you'd obviously see mostly just the judge doing hearings and appearances, but those aren't trials.

Seeing as how this is what I do for a living, you guys ought to trust me. I can see you trust your google search more than someone who sees the inside of a courtroom regularly, but whatever.