Section 1808

Citation: Section 1808
Parent Document: McHugh v. Santa Monica Rent Control Board, 777 P.2d 91 (1989)
Jurisdiction: California (state)
Effective Date: 1989-08-17
Original Source: https://www.courtlistener.com/opinion/1156663/mchugh-v-santa-monica-rent-cont... ↗

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The court then reviewed the historical context of the federal jury trial provision (430 U.S. at pp. 458-460 [51 L.Ed.2d at pp. 477-478]), and summarized as follows: "The point is that the Seventh Amendment was never intended to establish the jury as the exclusive mechanism for factfinding in civil cases. It took the existing legal order as it found it, and there is little or no basis for concluding that the Amendment should now be interpreted to provide an impenetrable barrier to administrative factfinding under otherwise valid federal regulatory statutes. We cannot conclude that the Amendment rendered Congress powerless  when it concluded that remedies available in courts of law were inadequate to cope with a problem within Congress' power to regulate  to create new public rights and remedies by statute and commit their enforcement, if it chose, to a tribunal other than a court of law  such as an administrative agency  in which facts are not found by juries." (430 U.S. at p. 460 [51 L.Ed.2d at p. 478].)

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