Equity and the Seventh Amendment
46 Pages Posted: 3 Sep 2018 Last revised: 7 Feb 2019
Date Written: February 1, 2019
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., trust 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: Suggested Citation