Jury Trial For Equitable Relief In Massachusetts
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Equitable relief is a category of remedies derived from the principles of fairness and justice. Unlike monetary damages, which compensate a party for harm or losses, equitable relief directs a party to act—or refrain from acting—in a way that restores balance between the parties.
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than ing to the rules of the common law.
Any party may demand a trial by jury of any issue triable of right by a jury by (1) serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue, and (2) filing the demand as required ...
Constitutional Amendments – Amendment 7 – “The Right to Jury Trial in Civil Affairs” Amendment Seven to the Constitution was ratified on December 15, 1791. It protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value.
The right of trial by jury as declared by the Seventh Amendment to the Constitution or as given by a statute of the United States shall be preserved to the parties inviolate. (2) filing the demand as required by Rule 5(d). Such demand may be indorsed upon a pleading of the party.
In lawsuits seeking equitable relief there is no right to a jury trial; ingly, these types of cases are tried to the judge in a bench trial.
But every now and then, a criminal defendant wants to waive (give up) the right to a jury trial. Waiving the right to a jury trial means that the judge alone will hear and decide the case. Known as a “bench trial,” this option is unquestionably cheaper and faster than trying the case before a jury.