Right to Jury Trial

Question 1

What amendment is this right grounded in?

Answer 1

7th

- preserves it but doesn’t guarantee

Question 2

How does 7th preserve the right?

Answer 2

protects the right of any cause of action (civil and statutory) that existed in England in 1791 and doesn’t apply to the states;

-ONLY APPLICABLE TO FED CIVIL PROCEEDINGS.

Question 3

Who can demand?

Answer 3

Any party can demand a jury trial. It tends to be the P but D can demand (in its answer) if P’s claims would allow for it and P hasn’t already demanded it

-If def has a counterclaim where right to jury trial is preserved, they can demand it there as well

Question 4

Timing?

Answer 4

If cause of action for monetary damages in complaint and served on D, 14 days to make demand. If not, considered having raised it, but can also waive and withdraw

Question 5

Waiving

Answer 5

Not absolute

Rule 39b gives trial court discretion to grant jury trial even if waived

Question 6

Beacon Theaters

Answer 6

Jury must hear all legal claims first, then the court will issue whatever remaining equitable relief (if legal and equitable brought in 1 suit)