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Civil Law - Jury Trial

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gollum
 
Reply Thu 14 Jul, 2011 02:59 pm
In a jury trial of a civil case by a citizen against a State, if the jury rules in a favor of the citizen, can the State appeal? Can the citizen appeal asking for a greater amount of money?

If the jury can't agree of an amount of money to award, will the case be heard again?
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Type: Question • Score: 5 • Views: 923 • Replies: 15
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joefromchicago
 
  2  
Reply Thu 14 Jul, 2011 04:03 pm
@gollum,
As a general rule, a state can't be sued. That's what's called "sovereign immunity." In certain instances, however, states will waive their sovereign immunity.

If you sue a state, it's usually only in a special court, called a "court of claims." These types of courts typically don't have juries.

If the state loses at the trial court level, it can appeal. If the plaintiff is dissatisfied with the amount of the award, he or she can also appeal.
Letty
 
  1  
Reply Thu 14 Jul, 2011 04:07 pm
@joefromchicago,
Joe, is it still true that one must ask permission before they sue the Federal gov't?
joefromchicago
 
  2  
Reply Thu 14 Jul, 2011 04:24 pm
@Letty,
It depends on what you're suing it for.
gollum
 
  1  
Reply Thu 14 Jul, 2011 04:27 pm
@joefromchicago,
joefromchicago-
Thank you.

I think in New York State the citizen must first bring an Article 78 Proceeding against the relevant state agency. If the citizen wins, he may sue the State in court.
0 Replies
 
Letty
 
  1  
Reply Thu 14 Jul, 2011 04:29 pm
@joefromchicago,
Well, The IRS has still not sent me my refund. Can you imagine Letty vs. The Internal Revenue Service?
joefromchicago
 
  2  
Reply Thu 14 Jul, 2011 04:43 pm
@Letty,
Go get 'em!
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Linkat
 
  2  
Reply Fri 15 Jul, 2011 02:18 pm
@Letty,
No one wins against the IRS.
Letty
 
  1  
Reply Sat 16 Jul, 2011 07:29 am
@Linkat,
I did. Got my refund! I guess assertiveness works sometimes.
roger
 
  2  
Reply Sat 16 Jul, 2011 02:02 pm
@Letty,
Good for you. Refunds look vulnerable if the debt limit is not raised.
0 Replies
 
ossobuco
 
  2  
Reply Sat 16 Jul, 2011 02:05 pm
@Letty,
Smiles.

Go to it, girl..

oops, didn't read Letty's last post.

Smiles again.
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roger
 
  2  
Reply Sat 16 Jul, 2011 02:06 pm
@Linkat,
Not always, Linkat. There is the Tax Court, and there is the US District Court system. Taxpayers indeed do not have a great track record in Tax Court, but often prevail in District Court.

As kind of a negative inducement, trying the case in District Court requires the taxpayer to pay the disputed amount before going to court. That's not a requirement in Tax Court.

Wanna guess who operates the Tax Court? Hint: it isn't part of the judicial system.
gollum
 
  1  
Reply Sun 17 Jul, 2011 07:46 am
@roger,
Your implication is that the IRS operates the Tax Court.

If you disagree with the IRS about how much you owe, can you go to a regular Article III court?
roger
 
  1  
Reply Sun 17 Jul, 2011 02:28 pm
@gollum,
US District Court is what I said. I don't know about Article III courts.
0 Replies
 
Linkat
 
  2  
Reply Mon 18 Jul, 2011 08:14 am
@Letty,
You must have some sort of connections!
0 Replies
 
Linkat
 
  1  
Reply Mon 18 Jul, 2011 08:15 am
@roger,
Yeah - you can, but the problem being, you have to prove it - even when you did all the correct necessary stuff.
0 Replies
 
 

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