H
hydraliskt
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I'm confuse on this question in my homework..
Suppose that a state statute requires that all civil lawsuits involving damages of less than $55,000 be arbitrated and that the case could be tried in court only if a party was dissatisfied with the arbitrator's decision. Suppose further than that statute also provides that if a trial does not result in an improvement of more than 10% in the position of the party who demanded the trial, that party must pay the costs of arbitration proceeding.
The questions now is, would such a statute violate litigant's rights of access to the courts and to trial by jury? And would it matter if the statute was part of a pilot program and affected only a few judicial districts in the state?
Thanks for helping me out,
I appreciated it!!
Suppose that a state statute requires that all civil lawsuits involving damages of less than $55,000 be arbitrated and that the case could be tried in court only if a party was dissatisfied with the arbitrator's decision. Suppose further than that statute also provides that if a trial does not result in an improvement of more than 10% in the position of the party who demanded the trial, that party must pay the costs of arbitration proceeding.
The questions now is, would such a statute violate litigant's rights of access to the courts and to trial by jury? And would it matter if the statute was part of a pilot program and affected only a few judicial districts in the state?
Thanks for helping me out,
I appreciated it!!