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The legacy of Forsey v. Cunningham: safeguarding the integrity of the right to trial by jury.(Essay)

From: The Historian  |  Date: 12/22/2007  |  Author: Carney, Thomas E.; Kolb, Susan

THIS IS THE STORY of a simple lawsuit that originated in the colony of New York in 1763. The case arose out of a dispute over the payment of a debt owed by one merchant to another. It was driven by the political ideology of a dedicated Tory lieutenant governor, who was opposed by those who were just as dedicated to the individual's right to trial by jury, a basic right under English common law. Soon, the simple lawsuit grew out of the control of the parties, as it took on ...

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