Civil Procedure Multistate Bar Practice Exam

If a claim includes elements of law and equity, which issues are typically tried first?

1. The equitable claims

2. The jury issues

3. The issues regarding minor plaintiffs

4. The matters pertaining only to damages

The correct answer is: The jury issues

When a claim involves both elements of law and equity, the issues that are typically tried first are the jury issues. This is grounded in the principle that the right to a jury trial is preserved under the Seventh Amendment for cases at law, which generally encompasses claims for monetary damages. In mixed claims, juries are often tasked with resolving factual disputes related to the legal claims before the court addresses the equitable issues. The reasoning behind this sequence is to ensure that the jury's findings on the factual matters may inform the court's equitable decisions, which are typically made post-verdict. By resolving legal claims first, the court ensures that any necessary factual determinations have been established for the equitable claims that follow. Considering the other options, while equitable claims do play an integral role in cases involving mixed jurisdiction, they are typically tried second, after the jury has addressed the legal issues. Matters regarding minor plaintiffs or those pertaining solely to damages are also less central to determining the pathway for trial, as they do not alter the fundamental approach to the sequence in which legal and equitable issues are presented. Thus, the focus remains on trying the jury issues first because of their foundational role in establishing the facts that underlie both sets of claims.