LAW 794 Lecture Notes - Lecture 11: Jury Trial, Irving Trust, Fraudulent Conveyance
30 Mar 2020
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Complex interplay b/t statutory rights to jury trial and constitutional rights to jury trial. Implications take us back to art iii arguments, marathon & stern. Congress can also give parties a right to jury trial even if not a suit at common law. Under 1800/1841 acts, very broad jdx, broad statutory right to jury trial. B/c grants were broad, no real reason to look to constitution. Under 1867 act, broad jdx, but congress cut back on statutory right to jury trial. Very narrow/limited circumstances, but only lasted 11 years, no reported opinions, so who knows what scotus thought. Alluded to historical distinctions b/t summary & plenary proceedings and no right to jury trial in admin/summary proceedings. Under 1898 act, federal jdx was narrowed, left summary in rem jdx, but cut back on jdx over plenary suits; no statutory jury trial rights. Ttee suing on preference claim in fed court (plenary under 1898 act)
