What is the historical method of determining the right to a jury trial?

California, United States of America

The following excerpt is from Martin v. County of Los Angeles, 51 Cal.App.4th 688, 59 Cal.Rptr.2d 303 (Cal. App. 1996):

The historical method of determining the right to jury trial is of no assistance to us here, since a cause of action for equitable indemnity did not exist when the Constitution was adopted in 1850. Prior to 1957, California law, embodying the old saw that "the law will not aid a wrongdoer," [51 Cal.App.4th 695] followed the common law rule denying a tortfeasor any right to contribution or indemnification. ³ (See, e.g., Dow v. Sunset Tel. &

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What is the historical method of determining the right to a jury trial?

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