Right to a jury trial

Question 1

7th amendment

Answer 1

In suits at common law… the right of trial by jury shall be preserved.

Question 2

How to determine whether controversy is common law suit

Answer 2

1. If statute says there is right to a jury trial
2. If statute is silent, look to:
   a. Is the claim analogous to action that would have been a common law suit in 1791?
   b. What is the nature of the remedy?
   i. If money damages, then yes, right to jury trial
   ii. If specific performance or injunctions, then no right to jury trial

Question 3

How to demand a jury trial

Answer 3

38(b)(1): by serving the other party with a written demand (in a pleading) no later than 14 days after the last pleading directed to the issue is served AND
(2) in accordance with Rule 5(d)

Question 4

Specifying issues

Answer 4

38(c): a party may specify the issues it wishes to have tried by a jury;
otherwise, it is considered to have demanded a jury trial on all the issues so triable. If one party only specifies some issues be tried by jury, the other party can pick up the slack

Question 5

Waiver and withdrawal of jury demand

Answer 5

38(d): a party waives a jury trial unless its demand is properly served and filed. A proper demand may be withdrawn