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California passes a new law creating a private cause of action against companies that harm the

environment. The law allows the individuals to sue to obtain an injunction against such
conduct in the future. Mila files a lawsuit against OilCorp, seeking an injunction prohibiting it
from drilling for oil in a coastal estuary. Will this case be tried to a jury?
a- Yes, because the Seventh Amendment applies to Mila's claim
b- No, because the Seventh Amendment does not apply to Mila's claim
c-No, because only criminal defendants have a right to a jury trial
d- Yes, if either party timely demands a trial by jury

User FeFiFoFu
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1 Answer

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Final answer:

No, Mila's case would not be tried to a jury because the Seventh Amendment does not guarantee a jury trial in cases seeking equitable remedies, such as injunctions.

Step-by-step explanation:

In the scenario where Mila files a lawsuit against OilCorp seeking an injunction, the Seventh Amendment and its stipulations regarding the right to a jury trial in civil cases come into play. The Seventh Amendment states that in suits at common law, where the value in controversy exceeds twenty dollars, the right to trial by jury shall be preserved, and the decision of the jury is generally not to be re-examined. This applies to civil disputes between two parties where compensation for harm is sought. However, this amendment does not guarantee a jury in cases seeking equitable remedies such as injunctions, which are traditionally decided by a judge. Therefore, the answer to Mila's situation would be No, because the Seventh Amendment does not apply to Mila's claim, as she is seeking an injunctive relief rather than monetary damages.

User Olivier Refalo
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