trial by jury

trial by jury
A trial in which the jurors are the judges of the facts and the court is the judge of the law. State ex rel. Rhodes v Saunders, 66 NH 39, 25 A 588. A matter of constitutional or statutory right to a trial by a legal, proper, fair, and impartial jury drawn from a cross section of the community. 31 Am J Rev ed Jury §§ 7 et seq. A constitutional right to trial by jury "in all cases in which it has been heretofore used," does not extend to a suit in equity, even where, as incidental to the main relief sought, the complainant asks money damages. Jamaica Sav. Bank v M. S. Investing Co. 274 NY 215, 8 NE2d 493, 112 ALR 1485. The Seventh Amendment providing that in suits at common law where the value in controversy shall exceed $20 the right of trial by jury shall be preserved, has no application to cases where the recovery of money damages is an incident to equitable relief, even though damages might have been recovered in an action at law. NLRB v Jones & L. Steel Corp. 301 US 1, 81 L Ed 893, 57 S Ct 615, 108 ALR 1352. See jury.

Ballentine's law dictionary. . 1998.

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