8. Trial & Post-Trial Motions: The Right to a Civil Jury Trial (7th Amendment)

What is the general rule for the 7th Amendment Right to a Civil Jury Trial?

Preserves the right to a jury in "suits at common law" where the value in controversy exceeds $20.

7th Amendment Test: How to determine the right to a civil trial?

• Legal remedies (money damages) → jury right.

• Note: Money damages always get the jury.
  

• Equitable remedies (injunctions, specific performance) → judge decides.

How are Mixed Claims (both legal and equitable) handled for a jury trial?

• Jury hears the legal claims (damages issues) FIRST.

• Judge decides the equitable issues after.

• The jury's factual findings bind the judge.

How do you properly request a civil jury trial?

Make a written jury demand within 14 days of the last pleading raising the right to a jury.

What happens if you miss the 14-day deadline to demand a jury?

The right to a jury is generally waived.

Plaintiff sues Defendant for breach of contract, seeking ONLY specific performance (an order forcing D to hand over the deed to a house). P demands a jury. Does P get one?

No. Specific performance is an equitable remedy. A judge decides equitable claims.

P sues D for copyright infringement, seeking BOTH money damages for past sales and an injunction to stop future sales. Who decides what, and in what order?

• The JURY decides the money damages (legal claim) FIRST.

• The JUDGE then decides the injunction (equitable claim).

• Rule: The judge is bound by the jury's factual findings.

Defendant files an Answer to Plaintiff's complaint on March 1. This is the last pleading raising a jury-triable issue. On March 20, Plaintiff files a written demand for a jury trial. What happens?

The right to a jury trial is generally waived. The demand had to be made within 14 days of the last pleading (by March 15).