Equity and the Seventh Amendment

46 Pages Posted: 3 Sep 2018 Last revised: 20 Oct 2018

Date Written: October 19, 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 (October 19, 2018). Notre Dame Legal Studies Paper No. 1852. 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 )

P.O. Box 780
Notre Dame, IN 46556-0780
United States

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

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