Comment: Complex Federal Civil Litigation-Can Jury Trials Be Constitutionally Avoided?

Abstract

The seventh amendment to the United States Constitution affords the right to a jury trial to parties to a common law action when the value in controversy exceeds twenty dollars. In a select group of extremely lengthy cases involving complex factual and legal issues, however, several United States appellate and district courts have refused to permit trial by jury. This comment reviews and evaluates different theories that may be applied to preclude the granting of a jury trial. In addition, guidelines are proposed that may be utilized by a federal district court judge in determining whether a case is so complex and lengthy that a request for a jury trial should be denied

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