Equity and the Seventh Amendment
44 Pages Posted: 3 Sep 2018
Date Written: August 24, 2018
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
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