Publication Date

7-1977

Document Type

Article

Abstract

Almost two hundred years ago, the Founding Fathers faced the question of whether or not the Constitution should provide for a trial by jury in civil cases in federal courts. The Constitutional Convention said no, 1 but the state ratifying conventions said yes and won the day. Today, trial judges must periodically face the question of whether or not there is a right to a trial by jury in civil cases. The trial judge's decision is, however, different from that of the Founding Fathers. The trial judge must decide whether a right to a jury trial exists in a particular case.

This article will discuss in Part I when the right to a jury trial in civil cases exists in Missouri. Part II will examine the law in Missouri on the use of advisory juries in equitable proceedings and finally, in Part III, the effect that the United States Supreme Court obscenity decisions have had on Missouri's use of advisory juries will be reviewed.

Publication Title

Journal of the Missouri Bar

Volume

33

Issue

5

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