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myoho.renge.kyo
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The "Contract Clause" of the U.S. Constitution (Art. 1, § 10) "is accommodated to the inherent police power of the state to safeguard the vital interests of its people" and permits laws altering the rights and obligations of contracting parties to the extent "reasonable and necessary for the public purpose for which they were enacted."
Waiving your "right" to a court or jury trial is "within the public interest" and a bilateral contract waiving such right is not a "contract of adhesion." Indeed, such advance waivers have long been held enforceable pursuant to contractual agreements for binding arbitration. (See generally, Madden v. Kaiser Found. Hosps. (1976) 17 Cal.3d 699, 712-714, 131 Cal.Rptr. 882, 890-892.)
In other words, the law and the court prefer it when parties agree to an arbitration rather than going to court. Agreeing to an arbitration is not unconstitutional. It cuts down on the overcrowded and overburdened courts, and it cuts down the expense and time to resolve issues between the parties. You get "quick justice."
It's a good thing for all parties, and it's also enforceable.
The issue has been litigated innumerable times, both on substance and on Constitutional grounds. It's a "done deal."
You can either waive the "right," or you can walk away from the contract. It's as simple as that.
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If it is a done deal after the issue has been litigated innumerable times, both on substance and on constitutional grounds, then parts of the Constitution of the United States of America contradict the Constitution itself. Such is the circumstance we find ourselves in the United States of America today.
In essence, “The ‘Contract Clause’ of the U.S. Constitution (Art. 1, § 10) is accommodated to the inherent police power of the state to permit the state to contradict the sixth ammendment of the US Constitution to safeguard the vital interests of contracting parties to the extent ‘reasonable and necessary for the public purpose for which such contradiction was enacted.’
Very nice.
Waiving your "right" to a court or jury trial is "within the public interest" and a bilateral contract waiving such right is not a "contract of adhesion." Indeed, such advance waivers have long been held enforceable pursuant to contractual agreements for binding arbitration. (See generally, Madden v. Kaiser Found. Hosps. (1976) 17 Cal.3d 699, 712-714, 131 Cal.Rptr. 882, 890-892.)
In other words, the law and the court prefer it when parties agree to an arbitration rather than going to court. Agreeing to an arbitration is not unconstitutional. It cuts down on the overcrowded and overburdened courts, and it cuts down the expense and time to resolve issues between the parties. You get "quick justice."
It's a good thing for all parties, and it's also enforceable.
The issue has been litigated innumerable times, both on substance and on Constitutional grounds. It's a "done deal."
You can either waive the "right," or you can walk away from the contract. It's as simple as that.
--------------------------------------------------
If it is a done deal after the issue has been litigated innumerable times, both on substance and on constitutional grounds, then parts of the Constitution of the United States of America contradict the Constitution itself. Such is the circumstance we find ourselves in the United States of America today.
In essence, “The ‘Contract Clause’ of the U.S. Constitution (Art. 1, § 10) is accommodated to the inherent police power of the state to permit the state to contradict the sixth ammendment of the US Constitution to safeguard the vital interests of contracting parties to the extent ‘reasonable and necessary for the public purpose for which such contradiction was enacted.’
Very nice.
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