Question

A gas station owner properly filed a breach of a noncompete clause in an employment contract case in federal court against a former manager, who had begun building a similar gas station across the street. The owner's complaint requested money damages and an injunction to stop the construction.
The former manager wants a jury trial, but the gas station owner prefers that the issue be litigated before the judge.
Can the former manager demand a jury trial for both claims?
a. Yes, because the Seventh Amendment gives both the plaintiff and the defendant the right to demand a jury trial in civil actions.
b.Yes, because the Seventh Amendment only gives the plaintiff the right to demand a jury trial in civil actions.
c. No, because the Seventh Amendment only gives plaintiffs the right to demand a jury trial in civil actions, and when a case presents both legal and equitable claims, the right is only preserved for legal claims, not equitable claims.
d. No, because, while the Seventh Amendment gives both the plaintiff and defendant the right to demand a jury trial in civil actions when a case presents both legal and equitable claims, the right is only preserved for all legal claims, not equitable claims.

Answer 1

Answer:

The correct answer is:

d. No, because, while the Seventh Amendment gives both the plaintiff and defendant the right to demand a jury trial in civil actions when a case presents both legal and equitable claims, the right is only preserved for all legal claims, not equitable claims.

Explanation:

According to the seventh amendment of the United States constitution, the monetary value for which there is an inconvenience with the other party must be greater than 20 dollars, the right of trial by jury must be respected, and after the case has been examined by the jury it should not be re-examined for a second time by any other court.