Equitable relief
Under the Seventh Amendment of the Cons ution, defendants have a right to a jury trial in civil cases seeking monetary damages.
Cases seeking “equitable relief” – like this civil fraud case in New York – don’t hold the same cons utional protection, experts in New York law told CNN. Equitable relief can be a court injunction or the return of profits obtained illegally.
In Trump’s case, the New York attorney general’s office wants the former president to be essentially banned from doing business in New York – asking a judge to, among other things, cancel the Trump Organization’s corporate certificate and to impose a financial penalty for what they estimated is $250 million in ill-gotten gains – all of which are examples of equitable relief.
Because of that, experts say, Engoron was not required to give Trump a jury trial. But it is unclear whether the judge could have allowed a jury trial had Trump’s lawyers requested one, they noted.
David Schoen, an attorney on Trump’s defense team in his second impeachment trial, said on “CNN This Morning” Tuesday that he would have tried to seek a jury trial if he was handling Trump’s case, though he noted that in a previous 2011 case under the same statute, a judge found there was no right to a jury trial.
“A judge from same court said there is no right jury trial under NY executive law 63 (12), the section in which this is brought, because they say the remedies are generally equitable, not money damages. And historically there hasn’t been a right for a jury trial for equitable damages, that is taking away the business licenses,” Schoen said.
“But I would have filed a jury demand to litigate the issue, because here there are very severe monetary punishments at issue, potentially,” he added. “And I think there’s a strong argument to be made for the right to a jury trial.”
https://www.cnn.com/2023/10/04/polit...w%20told%20CNN.
Also the 7th amendment is unique in that it’s never been interpreted to impose a right to a civil jury trial on state courts, just federal courts. Most states have a separate right to a jury trial in their state cons ution, but the 7th amendment doesn’t in any way give Trump a right to a jury trial in NY State Court.
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in CA civil cases you have to request a jury trial and post jury fees
and there is a distinction in cases of law vs cases of equity. you typically dont get a jury in an equity trial, those are resolved via bench trial. sometimes cases will be bifurcated such that the non-jury trial will happen first and if any issues remain, then you proceed with the other portion, etc
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you said 80% of the case was thrown out because donald trump said so
judge probably felt the need to clear it up because of the bull reporting following trump's commentsstill waiting tbh
show me the news reporting from yesterday that 80% of the case was dismissed
I think they waived it when they filed a motion for summary judgement. both sides gambled.
Trump's lost. bigly
How do you link a right wing podcast
believe these are two different things. Motion for summary judgement was for deciding whether or not Trump did the deed (he did), this trial is about deciding upon the relief. You wouldn’t have a Summary Judgement and then a Trial for the same matter (the SJ decides the case, precluding the need for trial)
what happened in this case was that the court granted summary adjudication of 1 of the Plaintiff's 7 causes of action (NY executive law 63(12)). the trial is for counts 2-6
One of Yam s' kids is getting fingered for fraud.
Ex-Trump Org. executive testifies that Eric Trump led him to inflate values of some properties
The former controller of the Trump Organization says that Eric Trump directed him to make certain decisions that led to the inflated valuations of several Trump properties.
Jeff McConney, also a co-defendant of former President Donald Trump, Eric Trump and Donald Trump Jr., testified Friday as the first week of the civil fraud trial came to an end.
Internal Trump Org. spreadsheets shown in court Friday show notations by McConney that say Eric Trump directed McConney in phone conversations about certain property valuations that would later appear on the financial statements the judge in this case has ruled fraudulent.
McConney testified that in those phone calls that Eric Trump directed him to factor certain things into the calculations that ultimately led to what the New York attorney general says are inflated valuations of properties including Seven Springs and the Trump National Golf Club Westchester.
https://www.cnn.com/eric-trump-fraud-trial
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Thanks for the clarification!
Just get a in' room with him, scott, ya , you.
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People on ignore consistently quoting you… it’s like the crazy ex who keeps leaving voicemails on a phone number you don’t own anymore
They want to win and can't let go.People on ignore consistently quoting you… it’s like the crazy ex who keeps leaving voicemails on a phone number you don’t own anymore
Some legal/ financial experts. Expect Mr trash's New York properties to be auctioned off
At least they didn't threaten to cut his head off again.
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