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Merger of Law and Equity Under the Revised Maryland Rules: Does it Threaten Trial by Jury

79 Pages Posted: 30 Apr 2009  

Richard W. Bourne

University of Baltimore School of Law

John A. Lynch Jr.

University of Baltimore - School of Law

Date Written: Fall 1984

Abstract

With the merger of law and equity effected by revisions to Maryland's Rules of Civil Procedure, adopted on July 1, 1984, the Maryland judiciary must define the scope of trial by jury to be permitted in the now merged civil actions. This article examines the federal and various state approaches and sets forth alternatives available to Maryland courts. The authors posit that Maryland's judges should define the scope of the jury trial right in the merged system by recognition of established equitable functions. The right to trial by jury should be preserved, not by blindly following the federal approach, but by applying Maryland's traditional limitations on equitable jurisdiction.

Keywords: jury trials, Maryland, law and equity, Maryland Rules of Civil Procedure

JEL Classification: K40, K19, K39

Suggested Citation

Bourne, Richard W. and Lynch, John A., Merger of Law and Equity Under the Revised Maryland Rules: Does it Threaten Trial by Jury (Fall 1984). University of Baltimore Law Review, Vol. 14, No. 1, 1984. Available at SSRN: https://ssrn.com/abstract=1393902

Richard W. Bourne (Contact Author)

University of Baltimore School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21201
United States
410-837-4508 (Phone)
410-837-4560 (Fax)

John A. Lynch Jr.

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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