Crucial Exams

Multistate Bar Examination Practice Question

A plaintiff files a lawsuit in federal court seeking monetary damages for breach of contract and also requests specific performance of the contract. The defendant demands a jury trial. Should the defendant’s demand for a jury trial be granted?

  • Yes, the defendant has a right to a jury trial for both the monetary damages and the request for specific performance.

  • No, the defendant does not have a right to a jury trial because the lawsuit involves claims for both legal and equitable relief.

  • No, the defendant does not have a right to a jury trial because federal courts do not typically resolve breach of contract claims with a jury.

  • Yes, the defendant has a right to a jury trial on the claim for monetary damages but not on the request for specific performance.

Multistate Bar Examination
Civil Procedure
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