Jury Trial For Equitable Relief In California
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FAQ
A Standard Clause stating the parties' intention to provide for equitable remedies for breach of contract in addition to or instead of monetary relief under California law.
What's the difference between a Jury Trial and a Court Trial? In a jury trial, the decision of guilt or innocence is decided by either 6 or 12 citizens who listen to the evidence and make the decision. In a court trial, there is no jury present. The judge listens to the evidence and makes the decision.
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.
When both legal and equitable claims are raised in a single action, the legal claims are triable by a jury and the equitable claims are triable separately by the court.
Ing to the Supreme Court, the jury-trial right applies only when "serious" offenses are at hand—petty offenses don't invoke it. For purposes of this right, a serious offense is one that carries a potential sentence of more than six months' imprisonment.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. U.S. Const.
The jury can award punitive damages for however much they determine the defendant should be deterred or punished. California law states punitive damages are awarded when “the defendant has been guilty of oppression, fraud, or malice.” (Code Civ.
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 ...
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. U.S. Const. amend.
Therefore, the constitutional right to a jury trial only applies to prosecutions involving serious offenses. A serious offense is one where the charged offense carries a maximum penalty of more than six months' imprisonment.