Do You Know if You Are Entitled to a Palm Beach Jury Trial?

Are you seeking legal and equitable relief in Palm Beach probate court?   Do you know the difference between a legal right and an equitable right? Did you know that one might not entitle you to be heard in front of a jury? Do you know how a court will handle a hybrid matter that involves questions law and equity? Experienced Palm Beach probate litigators know how to use this to their advantage.

The Right to a Jury

• You have a constitutional right to a jury trial in Florida, but only for matters at law.
• Do you know what that means?
• Broadly speaking Palm Beach probate courts protect two types of rights, legal and equitable.
• Experienced Palm Beach probate litigators know the differences between these.
• One major difference as said, is that you will not have a jury for cases at equity.
• How can you tell which type of action you are pursuing?
• One short hand form is to ask what relief you are seeking.
• If you want anything besides money you are probably in the land of equity but if you want money there is a good chance you are seeking a legal remedy.
• The distinction dates back to ancient England where the court and a jury heard a case at law but cases in equity were heard by the chancellor of the English church.
• Today our courts have mostly all merged to hear cases at law and equity.
• So what happens when you sue for an injunction (equitable relief) and damages (legal relief)?

Mixed Cases of Law and Equity

• In this case a Palm Beach jury will be empanelled if you request one.
• In Florida you have to demand a jury in non-criminal matters in a timely manner or the right is considered waived.
• How will they jury decide your issues?
• The rule dating back to old England is that you cannot get equitable relief unless legal relief was insufficient.
• So the legal issues are tried first.
• A jury will make findings of fact related to your legal claim and then the judge will apply the law to those facts.
• Then a judge will decide your case at equity if necessary.
• The facts that are concluded by the jury that are relevant to your case at equity are kept though for the sake of consistency.
• Experienced Palm Beach probate litigators know how to use this hybrid fact finding set up to their advantage.
• Are you prepared to identify which of your causes of action are equitable and which are legal?

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