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64
Beacon Theatres v. Westover
Fox sued Beacon to get declaratory and injunctive relief; Beacon has legal counterclaim (so…does it go to a jury or not?)
H - If one party would be entitled to a jury trial, it cannot be deprived of that right merely b/c another party took the advantage of the availability of equitable relief and sued first. If there are legal AND equitable issues (and they overlap), MUST TRY LEGAL ISSUE FIRST (judge in equity will be bound by jury’s finding on remaining issues)
H - If one party would be entitled to a jury trial, it cannot be deprived of that right merely b/c another party took the advantage of the availability of equitable relief and sued first. If there are legal AND equitable issues (and they overlap), MUST TRY LEGAL ISSUE FIRST (judge in equity will be bound by jury’s finding on remaining issues)
Tags: Right to Jury
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Flashcard info:
Author: stgillian
Main topic: Law
Topic: Civil Law
School / Univ.: Tulane
City: New Orleans, LA
Published: 02.03.2010