Smith v. Isakson
North Dakota Supreme Court
962 N.W.2d 594 (2021)
- Written by Sean Carroll, JD
Facts
Bismarck, North Dakota, had an ordinance prohibiting the selling of merchandise on public grounds without a permit. Violation of the ordinance was considered an infraction. Eric Smith (defendant) was charged with violating the ordinance. Smith requested a jury trial. The municipal court denied the request, finding that a right to a jury trial did not exist for an infraction. Smith filed a petition for a writ of supervision. The North Dakota Constitution preserved the right to a jury trial as it existed at the time the constitution was adopted. When the constitution was adopted, a right to a jury trial did not exist for an infraction but did exist for selling merchandise on public grounds without a permit, which at the time was a more serious offense than an infraction.
Rule of Law
Issue
Holding and Reasoning (VandeWalle, J.)
What to do next…
Here's why 964,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 47,500 briefs, keyed to 1,006 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.
- AI-generated podcast version of every brief — listen on the go, between classes, or whenever reading isn’t an option. New
Understand your casebook readings in seconds
Use our case briefs to comprehend your casebook readings faster, supplement your notes and outlines, and outshine your peers in class.
Get instant access to over 47,500+ expert-written case briefs in a searchable database keyed to 1,006 law school casebooks.
