Right to Jury Flashcards
7th Amendment Right to Jury Trial
The 7th Amendment preserves the right to a jury trial in federal court in suits at common law where the value in controversy exceeds $20. Thus, a federal court must permit a jury trial in diversity cases even if state law would deny such a right.
1) When a case presents both legal and equitable claims, the court must first try the legal claim so as to preserve the right to a jury trial on such issues. In other words, if there is any claim or defense in the case that would be characterized as legal, it must be tried first a jury upon timely demand.
2) Remedies at law (legal remedies) include damage awards; whereas equitable remedies encompass injunctions and specific performance. The law equity distinction is central in determining the scope of the 7th amendment.
3) Federal courts have a strong preference for jury trials. The 7th Amendment guarantee is NOT binding upon the states.
4) If there are only equitable issues, there is no right to a jury trial.
7th Amendment Right to Jury Trial
EXAMPLE
In a diversity action in federal court, a plaintiff sued a defendant for damages for breach of contract and requested a jury trial. State law provides that such disputes must be tried to a judge. In this example, the court must grant the plaintiff’s request for a jury trial because the 7th amendment preserves the right to a jury trial in actions at law in federal courts. Even under an Erie analysis, rules that derive from the US constitution always take precedence over state law in federal court.
Make a Timely Demand for a Jury Trial
A party may secure a jury trial by serving a written demand on the other party no later than 14 days after the last pleading is served and filing it with the court. The failure of a party to make a timely demand will result in a waiver of the jury trial right.
1) When a demand for a jury trial is NOT timely and properly made, the issues are to be tried by the court. Nevertheless, the court has the discretion to order a jury trial on any issues for which a jury might have been demanded if there are compelling reasons to do so.
