In that only legal causes of action are tried to a jury, a court must first determine whether the case is to be tried in equity or. This restitution remedy is under the jurisdiction of a court of equity, and there is no jury trial right where purely equitable relief is sought").Next, Part B explains the difference. " Section 5, Article I, Ohio Constitution; Civ. For example, parties may contractually agree to waive a jury trial before any dispute arises. Equitable Clean-up and the Jury, 100 U. of PA. L. Rav. During deliberations in the guilt phase and penalty phase, the jury shall be sequestered in a capital case. (3). Choosing whether to grant temporary injunctive relief is up to the discretion of the court. You can log in using the credentials found on your Summons. Equitable Clean-up and the Jury, 100 U. of PA. L. Rav.