tag:blogger.com,1999:blog-14162253.post2478499700003527602..comments2024-03-27T08:39:28.807-06:00Comments on Wash Park Prophet: Is The Seventh Amendment Substantive?Andrew Oh-Willekehttp://www.blogger.com/profile/02537151821869153861noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-14162253.post-81144734170295317992009-10-09T14:22:07.378-06:002009-10-09T14:22:07.378-06:00What has happened to my Bill of Rights? The federa...What has happened to my Bill of Rights? The federal courts violate the Seventh Amendment. <br />I requested a jury trial in a federal civil claim (seeking monetary damages for copyright infringement). In a pretrial hearing, the court acted as a trier of fact, weighed the evidence (using material outside the complaint) and dismissed the case. The court performed a test that is reserved for the jury. The court's "test" goes against the Seventh Amendment and is the basis for the dismissal. It is not a frivolous case but it is an erroneous test! Since when are we required to pass such an extensive a test in order to sue someone? <br />The federal court ignored the rules of civil procedure and case law; the court essentially tried the case before it can be tried. The federal court also dismissed my state claim; this only adds to their 7th Amendment violation. <br />My opponent is a corporate giant and I am a mere US citizen. Things would likely be different if the roles were reversed.Anonymousnoreply@blogger.com