Procedur e common law procedure civil law procedure

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Procedur e Common law procedure Civil law procedure Civil law procedure How Heard Oral Written written Decider Jury Judge judge
o Test Today – What system gives you the relief you want? If a party has traditional legal claims alone → jury decides If a party sues for equitable relief only → judge decides If a party sues on mixed grounds → the jury decides the legal claim sif either party requests Legal issues must be tried before equitable issues UNLESS there are circumstances that require otherwise o Rationale: insures that the judge will be bound by the jury’s determination of facts Dairy Queen v. Wood – (The McCullough partnership owned the Dairy Queen trademark. Dairy Queen, Inc. sub-licenseed P’s trademark. P sued D seeking injunction for further use of the trademark. D requested jury trial) o P argues no right to jury since equitable case asking for injunctive relief. D argues legal case (common law) so right to jury because breach of contract case. o Holding: Jury gets to decide if D breached contract first. Common issue that binds both common law and equitable remedies. Favor jury trial first in actions with both legal and equitable claims. If there are both legal and equitable claims, a right to a jury is preserved, but a court tries the legal claims first and then a judge would decide the equity claims. o Facts established in the legal side of things get treated as fact and established in the equity side favors legal and equity claims tried together o Jury will hear the case and decide all necessary facts to render a legal verdict, this will likely include facts that at one time would have only been heard in an equity court – find the common issues o Idea is that if it would have been jury tried before, jury decides it now o If there is an absence of an adequate remedy at law then the judge decides Plaintiff must be able to show that the accounts between the parties are of such a complicated nature that only a court of equity can provide relief Beacon Theater v. Westover ( Declaratory Judgment Action – Look through to underlying suit. Dispute between Fox and Beacon. Beacon said Fox violated antitrust laws. Fox filed DJ. Beacon countersued.) o Holding: Beacon entitled to jury trial on its antitrust claim. Antitrust claim is a legal claim and under merged procedure, court is able to provide jury trial. Since there is a legal, ensure
that the jury can handle it and there is not an absence of an adequate remedy can go to jury. Judge than takes the juries ruling and applies it to the injunction The trial court should structure the trial so that the legal claims will be tried to a jury if either party requests one. No Jury Trial required in Fed Administration Proceedings o NLRB v Jones 7th amendment does not apply to unfair labor practices up before NLRB, fed agency PROCEDURE o FRCP 38. Right to a Jury Trial; Demand 38(b ) the party must serve a written demand for a jury trial within 14 days of the last pleading

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