Jury Trial For Equitable Relief In Pennsylvania
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The equitable remedies are specific performance (an order directing a person to deliver to the buyer the unique thing the seller contracted to sell), injunction (an order directing a person to stop doing that which he should not do), and restitution (the return by one party of the benefit conferred on him when the ...
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.
Equitable relief is a remedy for an injustice done to a claimant resulting from mistakes made in applying rules and regulations that either. deprived the claimant of benefits, or. caused the claimant to suffer a loss because he/she relied on an erroneous decision.
The two main equitable remedies are injunctions and specific performance, and in casual legal parlance references to equitable remedies are often expressed as referring to those two remedies alone. Injunctions may be mandatory (requiring a person to do something) or prohibitory (stopping them doing something).
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.
The right to a jury trial under the Sixth Amendment of the United States Constitution and Pa. Const. art. I, §§ 6, 9 extends to a defendant who is charged with one or more “serious” offenses which carries a maximum sentence of imprisonment exceeding six months (Commonwealth v.
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.