Legal Question in Constitutional Law in Idaho

consititution v contracts

can a contract contain a clause that violates the constitutional right to a trial by jury (if both parties agree to clause)? thanks


Asked on 7/02/04, 5:00 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: consititution v contracts

Yes, but the contract does not "violate" the right to trial by jury as you say. Instead, it contains a waiver of that right.

Many constitutional rights are waivable (i.e., people can agree to give them up on particular occasions), including the right to trial by jury. Parties often choose to have a judge decide their case rather than a jury. It is even more common for parties to agree to some form of alternative dispute resolution, such as a binding arbitration, which is entirely independent of the courts.

Sometimes these decisions are made after the dispute has arisen, but where contracts are involved it is very common for parties to agree in advance that any dispute arising from the contract will be resolved in a particular way.

Keep in mind that this only means the concept of contractually waiving your right to a jury trial is legitimate. I am definitely *not* saying that every such clause will pass muster. Many cases have held particular clauses like this to be unenforceable, and I would need to know a lot more about your case before I could say whether you might have grounds to challenge the clause in your contract.

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Answered on 7/02/04, 5:15 pm


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