Const'al Rt.
1) 7th Amend. doesn't bind states
2) Ez'ly waivable Const'al rt.
3) Not matter if unfair b/c Const'al rt.
4) Can appeal by �1292)b 4 quest. of law if denied jury trial b/c as Const'al rt., can't B harmless error
5) No Const'al rt. 2 sue US as sov. / US as D
6) Yr. 1791 still has some meaning & applies only 4 C/L
Cong'al Pwr
1) Cong'al statute 4 jury trial can bind states by Sup Clause
2) Cong. can take cases from ord. ct. & put it in tribunal / adm. cts where 7th amend. doesn't apply but limit such cases 2 govt'al involvement
3) Cong. can delegate judge 2 det. civil penalties & jury 2 det. liab. by statute
4) Statutory jury trial > Const'al jury trial
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Jury Trial in C/L
1) $ damages (punitive & compensatory) except 4 restitution is C/L
2) Decl. jgmt
3) Compulsory counterclaim
4) Statutory C/A
5) Acct'ing
6) Merit claims of class & derivative axns
7) Bankruptcy if creditor didn't file claim & dep's on claims
8) As long as not 2 complicated, modernly have expanded C/L suits 4 jury trial rt.
Judge Trial in Equity
1) In some states, judge trial as Const'al rt. but not in fed.
2) Only when no adeq. remedy @ law
3) Injunction
4) Specif. perf.
5) Initial proceedings 4 class & derivative axns
Ross Footnote Test
1) Pre-merger custom of analogs which isn't imp.
2) Remedy sought which is imp.
3) Pract. abilities & limitation of jury not used
C/L & Equity
1) Jury trial 4 common facts of both legal & equit.
2) Jury trial if there's ANY aspect of legal, however incidental, in the case
Rt 2 Jury Trial Not Conflict w/Giving Dir'ed Verdict
Practical Concerns of Reducing Case Loads
1) New trial motions R discretionary, nonfinal, & denial is rarely overturned w/strict & short X reqt
2) If forego appeal as of rt / unX'ly, forever waived the rt 2 appeal
3) Can only appeal final jgmts, injunctions, quest. of law by writ of mandamus, / Cohen exceptions
4) Goal 2 have 1 appellate review 4 everything
5) Jgmt takes over C/A 2 merge / bar claims
Rule 60 Implications
1) If can't file 4 new trial motion (Rule 59) by 10 days, then use this rule
2) But it doesn't suspend anything 4 purposes of appeal
3) Can invoke this rule 4 fresh jgmt which means all the good & bad part of 1st ruling will B thrown away
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Rule 50 v. Rule 59
1) P has lwr evid. in Rule 50 than in Rule 59
2) Judge can't doubt testimonies 4 Rule 50 but can 4 Rule 59
No New Trial
1) If harmless error
2) If remittitur accepted by P where P accepts lwr amt 4 jgmt
3) If unX'ly motion under Rule 59 & can't get in by Rule 60
4) Can't impeach jury 4 new trial if fails the prongs of [1] lying & [2] affecting partiality
Final Jgmts 4 Appeal
1) Granting of sum jgmt & if Rule 54)b, must meet express det. reqt's
2) Have 30 days 2 appeal & another 30 days 4 negligible excuse
Nonfinal Jgmts 4 Appeal
1) Injunction by �1291)a)1 but not TRO
2) Quest. of law such as jury trial by �1292)b
3) Cohen exceptions such as qualified immunity / abs. immunity
Cohen Exceptions Reqt 4 Appeal
1) Not subj 2 revision by Dist Ct / disposes of something
2) Not enmeshed in the merit of the case
3) Unreviewable later on
Suspensions 4 Appeal
1) Rule 60 suspends nothing but Rule 59 does
Res Judicata Effects
1) Only btwn parties & privies
2) Final jgmt merges / bars claims that might have been brought & on actual, imp. issues that were dec'ed
3) Law of 1st ruling holds 4 res judicata if there's collateral attacks
4) Strangers R not bound by res judicata but could use defensive issue precl. & sometimes offensive issue precl. if couldn't intervene 1st X
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