www.TheOldSchoolhouse.com
My;own;state,;Kansas,;guarantees;the
right;to;a;jury;trial;in;civil;matters,
6 but
not;necessarily;at;every;level;of;litigation,
and such right is not absolute.
7;Moreover,
as long as the right to a trial de novo—this
means a brand new trial—is preserved
upon appeal or review and litigants have
the;right;to;a;jury;trial;at;that;next;level,
they can be forced to proceed to trial be-
fore;a;judge;initially,;such;as;before;a;small
claims;judge;or;a;magistrate,;and;appeal;it
to the next level to get their jury trial.
8
To;summarize,;in;Federal;courts;you
have the absolute right to a trial by jury
in;lawsuits;involving;amounts;of;$20.00
or more unless the matter is administra-tive;in;nature.;However,;this;right;does
not apply in state courts unless your state
mirrors;the;Seventh;Amendment,;such
as Kansas.
Questions for Discussion
1. You are bringing a lawsuit against
your;neighbor;for;$25.00;in;damages.
It is a state matter so you file it in state
court. You demand a trial by jury
pursuant to the Seventh Amendment
of the United States Constitution.
Will the Court give you your jury
trial based on your argument that the
U.S.;Constitution;guarantees;it?
2. You dispute your employer’s refusal
to pay you under your labor contract
and file your action with the National
Labor Relations Board (NLRB). You
demand a jury trial since you have
lost;more;than;$10,000.00;in;wages.
Will you get your jury trial? Why or
why not?
3. Research your state’s constitution
(but pick another if you live in Kansas
since I’ve already given you the an-swer).;Use;http://scholar.google.com,
or just Google the answer. Does it
have a guarantee of jury trial for civil
matters?
4. See if you can find an Internet or library resource for researching your
state’s statutes, constitution, and
court case opinions.
Kevin Mark Smith is an allied attorney with
the Alliance Defending Freedom in Wichita, Kansas, where he lives with his wife and
three daughters. He writes often on the law,
homeschooling, and issues of importance to
Christians, families, and conservatives on
www.kevinmarksmith.com.
Endnotes:
1. Curtis v. Loether,;415;U.S.;189,;193;(1974);(cit-
ing Parsons v. Bedford, 3 Pet. 433, 446-447
(1830) (emphasis in original)).
2. Ibid. at 193-94.
3. Ibid.
4. Curtis v. Loether,;415;U.S.;at;193-94.
5. See Walker v. Sauvinet,
92 U.S. 90 (1876).
6.;Kansas;Constitution,;Bill;of;Rights;Section;5:
“The;right;of;trial;by;jury;shall;be;inviolate.”
7. See Jensen Intern., Inc. v. Kelley,
32 P.3d 1205
(Kan. App. 2001)). But see K. S. A. 60-238 (
affirming that the right to jury trial in civil proceedings
is;“inviolate”;but;subject;to;a;litigant’s;timely;and
proper demand to exercise such right).
8. See, e.g., Windholz v. Willis,;1;Kan.;App.;2d;683,
686;573;P.;2d;1100;(Kan;Ct. App. 1977).
In Federal courts you have the absolute right to a trial by jury in lawsuits involving
amounts;of;$20.00;or;more;unless;the;matter;is;administrative;in;nature.
