SR 115-02 Lawsuit Reform Amendment (Failed)

[LAKISYLVANIA]

LAWSUIT REFORM AMENDMENT

1. Article I, Section 12 of the Atlasian Constitution shall be amended as follows:

Section 12

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 re-examined in any court of the Republic of Atlasia.

In civil cases where the value in controversy shall exceed fifty thousand dollars ($50,000), the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court, than according to the rules of the common law nor shall any jury be bifurcated between determining facts and determining a reward. The Senate may establish a cap on punitive, non-economic, and other intangible damages. Equitable remedies shall be solely reserved for the judiciary which shall possess the power to issue all writs to provide an adequate remedy. No defendant shall be denied the presumption of non-liability. Any person may settle a civil claim without approval of a court.

Amendment Explanation

This amendment makes several reforms to the right to a civil jury trial. The minimum amount in controversy is increased from $20 to $50,000; limits are placed on separating liability and damages between separate juries; it is clarified that the Senate may establish liability caps by law; the presumption of innocence is codified; and the right to settle claims out of court is codified.

Sponsor: LT

[LAKISYLVANIA]

At this point, I'll go for a massive re-write of this.

Feel free to propose an amendment rewriting this or alternatively propose to table it.

[LAKISYLVANIA]

Motioning for a final vote. 24 hrs to object.

[LAKISYLVANIA]

A final vote is now open. Senators, please vote Aye, Nay, or Abstain.

[LAKISYLVANIA]

Nay

Based on the sponsors wishes to rewrite the act.