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14. Is the court likely to rule that the woman is entitled to a jury?
A man from State A sued a woman from State B in federal district court in State B. The man's complaint alleged that the woman violated a federal statute. The federal statute authorizes private causes of action, but permits only injunctive and declaratory relief. The statute also entitles plaintiffs to demand a jury. In her answer, the woman requested a trial by jury. The man then argued that the woman is not entitled to a jury.
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Before the merger of law and equity, it was usually simple to determine whether a cause of action was at common law for purposes of the Seventh Amendment. United States v. Wonson (1812) established the historical test, which relies on English common law to determine whether the right to a jury trial in a civil suit is necessary.
Federal Rule of Civil Procedure (FRCP) 38(a) provides that the right to a trial by jury as declared in the Seventh Amendment is preserved by the party who demands it. However, a party who wishes for a jury trial on a particular issue must file a demand within 14 days after the service of the last pleading directed to that issue.
C is correct. The Seventh Amendment does not guarantee a jury because the plaintiff is seeking exclusively equitable remedies. Congress has the power to create statutory jury rights; however, it has not done so here. This question calls for close reading of the statute given and its application to the facts. The statute provides that plaintiffs may demand a jury, but the woman demanding the trial by jury is the defendant. Thus, the woman is not entitled to demand a trial by jury.
A is incorrect. Historically, the Seventh Amendment only guarantees a jury trial to suits at common law. However, it does not prohibit Congress from statutorily granting a jury right to claims that fall outside the Seventh Amendment's guarantee.
B is incorrect. As explained above, although Congress has the power to create statutory jury rights, it has not done so here; the statute provides only that plaintiffs may demand a jury, and the Seventh Amendment does not guarantee a jury because the plaintiff is seeking exclusively equitable remedies.
D is incorrect. The Seventh Amendment only guarantees a jury to what, historically, were suits at common law. Here, the plaintiff's lawsuit seeks only equitable remedies. Further, the statute in the question only authorizes plaintiffs to demand a jury trial, not a defendant.