Phoenix mom misses deadline for kids' trust fund

[happyslug]

55. I do NOT think this is a jury issue case, sound more like an equity case.

In a court sitting as a Court in Equity (as opposes to sitting as a Court In law), you have NO right to a Jury. I suspect this is Equity for we are dealing with donations which means Charity, and as a judge an issue in Equity not law.

In Merrie old England, your have several courts, including the ancestor of Law Courts in the US. When the Colonies were settled, the Court of Law cross the Atlantic, but the rest of the courts stayed in England (I should not Pennsylvania did have a Court iN Equity during the Colonial Period by it was abolished prior to the Revolution).

By the term "Court of Law" I mean what are called County Courts. These generally are called Common Pleas Courts, but has different names in different states, Superior Court iN California, Supreme COurt in New York States are two well know examples of other names for the court.

One of those non "Courts of Law" Courts was the Court of Equity. THe Court of Equity evolved from the older Church Courts that dealt with issue of Equity (which was defined as anything that could NOT be reduced to Money). Thus Courts of Equity dealt with issues of Bankruptcy, Court Orders but NOT land title, which was reserved to the Courts of Law (but foreclosure on a mortgage was an action in a Court of Equity).

Now, the residents of the Colonies and later the Citizens of the US had hated the Court of Equity for it is the court that issued COURT ORDERS for people to do something or NOT to do something. Thus the State Government were reluctant to form Courts of Equity. On the other hand some of the powers of the Court of Equity was deemed necessary, so the Court of Law in all states assumed such powers.

One aspect of this assumption of these powers (including Foreclosures and issuing Court Orders) was that when the Court of Law assumed these powers, they also assume the procedures of the Court of Equity, including the rule "To get equity, you must be willing to give Equity" AND that it is a judge only decision i.e. no right to a jury.

Charities are generally under the jurisdiction of Courts sitting in Equity thus no right to a jury trial UNLESS some Stature or other State Law permits or requires such a jury. I do not know what the underlying law is, but I suspect it gives the Court involved the right AND duty to protect all charities thus the court will hear this case and it probably will NOT be in front of a Jury.