CivPro: Trier and Trial

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nodummy
Posts: 179
Joined: Fri Aug 28, 2009 4:20 pm

CivPro: Trier and Trial

Postby nodummy » Sat Oct 01, 2011 2:20 pm

The case, Chauffeurs, Teamsters and Helpers, Local No. 391 v. Terry, is killing me. Can anyone tell me why this important?

I've read it several times but don't see the significance. I understand they used the historical test to find an analogous case from the 1700s. What does this mean? What is the takeaway?

john@lestutor
Posts: 17
Joined: Sat Jul 30, 2011 6:47 pm

Re: CivPro: Trier and Trial

Postby john@lestutor » Mon Oct 03, 2011 10:09 am

The reason the case is important is because if the case is legal in nature (usually damages) a party can request a jury. if it is equitable (injunction, etc) the judge hears the case. The Terry case tells you that to find out if something is legal or equitable in nature, you look back to 1791 to see if a jury was given for this type of claim. If it was, then it must be legal and we get a jury now. If we are not sure because this is a "new" cause of action, then look at the remedy sought. If it looks legal ($$$$), then treat it as a legal cause of action. I hope that helped.
John




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