Trial Procedures

Question 1

Under the 7th Amendment, when does a right to trial by jury apply?

Answer 1

1) Controversy is over $20 dollars

2) Civil or Criminal Action

3) Must be with regard to an “action a law” (i.e. action for money damages)

Question 2

Does the right to a jury trial apply to equitable claims (i.e. injunctions?)

Answer 2

No

Question 3

What happens when an action involves both legal and equitable claims with common factual issues?

Answer 3

If an action involves both legal and equitable claims and there are common factual issues, then the jury determines the legal claims first and the court subsequently determines the equitable claims.

The court is bound by the jury’s findings on the legal claims in determining the equitable claims.