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Background The decision in In re Japanese Electronics, 631 F.2d 1069 (3d Cir. 1980). Critically, the procedural posture of the case was that: Fourteen of the defendants moved to strike the demands, arguing that the case is too large and complex for a jury. The district court denied their motion, concluding that the seventh amendment does not recognize the ...


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In Japanese Electronics, both sides have rights that are equally protected by the Constitution. The court then had to decide which motion to grant. In a criminal prosecution, the prosecution and the defendant do not have equal rights: while the defendant has a Constitutional right to a jury trial, the prosecution has no right pertaining to jury versus bench ...


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