Kakos v. Butler

2015 WL 13754360 (2015)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Kakos v. Butler

Illinois Circuit Court
2015 WL 13754360 (2015)

Facts

Dr. James Kakos and his wife (plaintiffs) filed a civil suit against four medical facilities and five of their employees, including Dr. Jesse Butler (defendants). Butler and the other defendants jointly moved for permission to file a demand for a 12-person jury and sought a ruling that legislation limiting them to a six-person jury was unconstitutional. The defendants asserted that the Clerk of Court would not allow them to pay the fee required for a 12-person jury. In 2015 the Illinois legislature passed legislation that restricted the size of civil juries to six jurors. Prior to this amendment to the existing law, persons had a right to 12 jurors for a civil trial in which the damages sought exceeded $50,000. Persons could request and pay for a jury of 12 in civil cases that involved damages of less than $50,000. The new legislation removed the option for a 12-person jury in a civil trial altogether. Butler challenged the amendment as a violation of Illinois’s constitution. Article I, § 13 of the Illinois constitution guaranteed that the right to a jury, as enjoyed at the time the provision was adopted, was not to be violated. When the constitutional provision was adopted, the right to a civil jury included 12 jurors.

Rule of Law

Issue

Holding and Reasoning (Gomolinski, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 814,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 814,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 814,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership