Civ Pro/Right To A Jury Trial Question

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Silver93
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Joined: Mon Jan 05, 2009 11:27 pm

Civ Pro/Right To A Jury Trial Question

Postby Silver93 » Wed May 05, 2010 8:32 pm

In applying the Tull test to determine whether a party has a right to a jury trial, can anyone think of any creative ideas of what 1791 legal/equitable claim to compare to a federal civil rights act/wrongful employee discharge act? I know you're supposed to look at both the claim, and the remedy, but I'm having a hard time figuring out what claim in 1791 one of those two statutes would compare to....any creative law school minds care to take a stab at it?

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Llewellyn
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Joined: Fri Sep 04, 2009 12:07 am

Re: Civ Pro/Right To A Jury Trial Question

Postby Llewellyn » Wed May 05, 2010 9:00 pm

They don't, that's why the Tull test is worthless.

The civil rights claim, however, because it generally is used to force the defendant to adopt a certain set of conduct, will probably be seen as equitable.

Wrongful termination usually includes requests for back pay, and also for reinstatement of the complainant's prior position. The latter is equitable in nature, while the former could be seen as a legal monetary remedy or restitution.

Silver93
Posts: 10
Joined: Mon Jan 05, 2009 11:27 pm

Re: Civ Pro/Right To A Jury Trial Question

Postby Silver93 » Wed May 05, 2010 9:05 pm

I agree completely. It seems like most arguments you make for new causes of action compared with 1791 claims are all a huge stretch...




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