Civil Procedure Multistate Bar Practice Exam

In a mixed suit including claims of law and equity, who decides the facts related to damages?

1. The judge decides all facts

2. The jury decides those facts

3. The parties agree on the facts

4. The appellate court decides the facts

The correct answer is: The jury decides those facts

In a mixed suit involving both claims of law and equity, the principle of jury trials comes into play, particularly regarding issues related to damages. Historically, under the Seventh Amendment of the U.S. Constitution, parties have the right to a jury trial in civil cases involving monetary damages. When a lawsuit contains both equitable claims (which are typically tried by a judge) and legal claims seeking damages (which usually involve a jury), the jury is tasked with determining the facts pertaining to the legal claims. This includes the assessment of damages. The rationale behind this is rooted in the common law tradition, where the jury's role is to resolve disputes of fact in legal issues, particularly when monetary compensation is sought. In mixed actions, the jury will often hear the legal claims first, determine the relevant facts associated with those claims, and decide on the damages that should be awarded. Meanwhile, the judge will address the equitable claims independently of the jury's finding on the legal claims. This division ensures that the parties' constitutional rights to jury trials are preserved while still allowing the judge to address matters that fall within the jurisdiction of equity. Therefore, the jury's role is essential in providing a fair resolution to disputes involving damages in mixed suits.