Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

If legal and equitable claims are tried in the same case most courts allow the case to be tried by a jury. Some states try the legal portion by jury and allow the judge to rule on the equitable portion of the case. If an equitable defense is presented in a legal proceeding with respect to the right to try the case by jury most state courts try the equitable defense by judge and then allow a jury trial on any issues that remain at law.


Federal courts state that the equitable defenses merge with the legal claim and everything may be tried by jury. When a legal defense is presented in an equitable proceeding in federal court the legal defense is tried first by a jury and then the judge determines any equitable claims remaining. Most states follow the federal courts with respect to this issue.

Register or login to access full content



Professors
Professionals
Students