Trial by jury has been considered as a fundamental safeguard of constitutional liberty. The Declaration of Independence complains of the British Government for denying the colonists in many cases a trial by jury. The Texas Declaration of Independence makes the same indictment against Mexico, declaring that Mexico “has failed and refused to secure, on a firm basis, the right of trial by jury, that palladium of civil liberty, and only safe guarantee for the life, liberty, and property of the citizen.” As a result[,] the right was placed in the Bills of Rights of both the United States Constitution and that of Texas. Tex. Const, art. I, § 15 interp. commentary (Vernon 1997). 5 . But see Grafton Partners L.P. v. Superior Court, 36 Cal.4th 944, 32 Cal.Rptr.3d 5, 116 P.3d 479, 484 (2005) (<HOLDING>); Bank S., N.A. v. Howard, 264 Ga. 339, 444
holding that the party seeking contractual attorneys fees is entitled to a decision on the merits holding that the duty of good faith and fair dealing is a contractual duty holding prelitigation contractual jury waivers unenforceable holding that written jury waivers alone cannot validly waive a defendants right to a jury trial holding governmental immunity is no defense to contractual liability