The Right to Trial by Jury

Question 1

Are you entitled to a jury trial in an equitable case?

Answer 1

No. You are entitled to a jury trial at law, but not in equity.

Question 2

What is the Clean Up Doctrine?

Answer 2

In matters that combine both legal and equitable claims, but the legal claims are only incidental to the equitable claims, then the court of equity may resolve both the legal and equitable claims. So even though a case may include a request for damages, it could still be considered an equitable case if the damages are only incidental to the primary relief requested.

• The Clean Up Doctrine
  
  • If the legal claim is just an incidental part of this equity claim then we’re not getting a jury; but where they are 2 separate claims, we will allow it.

Question 3

How does the court decide whether a claim is legal or equitable?

Answer 3

By looking at what was equitable/”triable at common law” when the Constitution was written; it is a historical test (basically, what kind of case would this have been in the 18th century?).

Per Chauffers case:

• We look at 2 things:
  
  • 1. The nature of the issues involved;
  • 2. The remedy sought.
• First – The Nature of the Issues Involved:
  
  • Compare the action at issue to 18^th century actions brought in the courts of England prior to the merger of law and equity;
    
    • What if that didn’t exist back then?
• Second – What is the remedy sought?
  
  • Is the request for restitution?
  • Is it a monetary award, and if so, is it “incidental to or intertwined with injunctive relief”?