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[Fsfe-france] Les monopoles et la loi aux US

From: Laurent GUERBY
Subject: [Fsfe-france] Les monopoles et la loi aux US
Date: Fri, 24 Sep 2004 21:02:39 +0200

Lien provenant du blog de RMS, edifiant.



Whatever happened to jury trial in antitrust cases? What happened to the
right of jury trial in antitrust cases? The 7th amendment to the U.S.
Constitution reads as follows: "In suits at common law, where the value
in controversy shall exceed twenty dollars, the right of trial by jury
shall be preserved, and no fact tried by a jury, shall be otherwise
reexamined in any court of the United States, than according to the
rules of the common law.."
    What about your right to a jury trial under the 7th Amendment? It's
gone. The Supreme Court routinely admonishes the lower courts to take
antitrust cases away from the jury, to dismiss antitrust complaints, to
grant defense motions for summary judgment, to grant verdicts for the
monopolist, to set aside jury verdicts for the antitrust plaintiff.

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