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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