Is there a right to a jury trial in the case for malicious prosecution?

MultiRegion, United States of America

The following excerpt is from Jackson v. Truth Seeker Co., Inc., 884 F. Supp. 370 (S.D. Cal. 1994):

The issue on the right to a jury trial in the True case for malicious prosecution was raised by the defendants' motion in limine on the grounds that plaintiffs had neither a constitutional nor statutory right to a civil jury trial. The right to a jury trial in a civil case is conferred by the United States Constitution, by a state constitution or by a statute that creates a cause of action different from the common law. In a malicious prosecution action, there is no statutory right to a jury trial. Absent such a statute, the right to a jury trial in federal court is a matter of federal law. Simler v. Conner, 372 U.S. 221, 222, 83 S.Ct. 609, 610, 9 L.Ed.2d 691, 693 (1963). Therefore, if these plaintiffs can successfully assert a right to a civil jury trial, it must be grounded in the Seventh Amendment of the United States Constitution.

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