- GaryLv 78 years agoFavorite Answer
2. Yes except capital punishment cases. In capital punishment cases, the jury has to determine if the convicted should receive capital punishment or not.
2013-02-07 10:38:10 補充：
See it yourself:
2013-02-07 10:40:22 補充：
2013-02-08 14:22:29 補充：
Let me illustrate with a real life case:
If you look at page 1, you will see that "DEMAND FOR JURY TRIAL". This indicates that the plaintiffs want to proceed the case by jury trial.
2013-02-08 14:23:09 補充：
If you look at page 48-51, you will see that in all damages requested, there is no amount provided. This means that the jury will determine the amount.
2013-02-08 14:26:43 補充：
They are as real as it gets. The only issue is most cases will not end up in jury's hand.
At least 90% of both civil and criminal cases are settled without a trial.
2013-02-08 14:27:54 補充：
Also - if you read the links I provided in the Comment area, you will know that judge can always exercise discretion to limit the compensation as sometimes the award may be limited by law, which the jury has no idea.
2013-02-08 17:55:43 補充：
The U.S. Government has immunity from lawsuit, as known as sovereign immunity. In that case, all lawsuit against the U.S. Government for damage must be approved by the U.S. Government.
Yes - you heard me correct - you need the Government's approval in order to sue them.
2013-02-08 17:58:35 補充：
Each State enjoys limited immunity. Unlike from the U.S. Government, the State can still be sued for damages. Based on different law of the State, a denial of claim is usually required before you can sue the State.
2013-02-08 17:59:01 補充：
Other administrative divisions have no immunity which they are required to face lawsuits. But additional procedures (like filing a claim) may be required before suing.
2013-02-08 18:01:25 補充：
In the reality - if the Government wants to invoke its immunity, the Court will review its rationale and determine from there. In that case, the case will not even go to trial if the immunity is valid.
2013-02-08 18:03:59 補充：
Keep in mind - most of the judges' decision are appealable.
So even the judge does this, it does not mean it will stand.
- 司法志工Lv 78 years ago
- sLv 78 years ago
不一定, 要看地方. 美國50個州, 51套法律(還有個聯邦法). 律師不會越州打官司, 因為你可能不懂該州的法律, 也不能在該州執業.
在不知道是詳細狀況之前, 你說的法官將金額刪減不是不可能. 但是法官要有理由. 而這個理由要夠強, 不會讓賠錢的一方以這個理由上訴, 而變成全案要重審. 理論上, 也有法官完全不採用陪審團做出的決定而逕行判決. 這種大概都會上新聞的.