Historical law-equity classification still determines the right to a jury trial today

Evidence

Nonetheless, the old double sys­ tem left fossil traces behind. It can still be important to know if a case would have been “law” or “equity.” For one thing, as we said, equity had no jury. If a case was historically “equity,” then even today there is generally no right to trial by jury. — Lawrence M. Friedman and Grant M. Hayden, American Law, 356

Categorization

• XREF: Shows how an institutional fossil from medieval England still structures modern American procedure. — connects to: Common-law courts award damages while equity courts issue injunctions — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 351; Equity’s jury-free flexibilities powered major late-nineteenth century judicial interventions. — Lawrence M. Friedman, A History of American Law, 2310

Broader Connections

• Equity’s jury-free flexibilities powered major late-nineteenth century judicial interventions. #expands (0.85) — Lawrence M. Friedman, A History of American Law, 2310