Equity and the Seventh Amendment

44 Pages Posted: 3 Sep 2018  

Samuel L. Bray

Notre Dame Law School

Date Written: August 24, 2018

Abstract

This Article reconsiders the scope of the jury trial right under the Seventh Amendment. It argues that a more historically sound and judicially administrable test can be formulated. The jury trial right should be presumed, with three categorical equitable exceptions: suits in equity’s exclusive jurisdiction (e.g., fiduciary law), suits for equitable remedies (e.g., injunction), and suits that make use of equitable case-aggregating devices (e.g., class actions). This argument has implications for the scope of the jury trial right and for the scope of equity in American law.

Keywords: Jury Trial Right, Seventh Amendment, Equity, Class Actions, Fiduciary Law, Trusts, Agency

Suggested Citation

Bray, Samuel L., Equity and the Seventh Amendment (August 24, 2018). Available at SSRN: https://ssrn.com/abstract=3237907 or http://dx.doi.org/10.2139/ssrn.3237907

Samuel L. Bray (Contact Author)

Notre Dame Law School ( email )

Eck Hall of Law
Notre Dame, IN 46556
United States

HOME PAGE: http://https://law.nd.edu/directory/samuel-bray/

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