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Focus (Forum & Focus)

Jan. 15, 2009

Do Process?

Whether a jury trial is required depends on the whether the issues in the case are characterized as being equitable or legal, writes Michael Paul Thomas. - Focus Column - Focus Column

FOCUS COLUMN

By Michael Paul Thomas

The right to a jury trial in civil cases is constitutionally guaranteed in California by California Constitution Article I Section 16. Indeed, trial by jury is recognized as an "inviolate" right. Code of Civil Procedure Section 631; People v. $17,522.08 United States Currency, 142 Cal.App.4th 1076 (2006).

Significantly, a determination of the right of a jury trial begins with the historical analys...

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