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Tull Vs. United States
Cites for this judgment
- US Supreme Court
- Apr 28, 1987
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Tull v. UnitedSearch
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States - 481 U.S. 412 (1987) U.S. Supreme Court Tull v. UnitedSearch
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States, 481 U.S. 412 (1987) Tull v. UnitedSearch
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pp. 232-233 (2d ed.1971)). The Court of Appeals in this case also found unpersuasive the dictum in Hepner v. UnitedSearch
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States, 213 U. S. 103 , 213 U. S. 115 (1909), and in United States v. ReganSearch
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Ibid. In Atlas Roofing Co. v. OccupationalSearch
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analogous to 18th-century cases tried in courts of equity or admiralty do not require a jury trial. See Parsons v. BedfordSearch
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not only to common law forms of action, but also to causes of action created by congressional enactment. See Curtis v. LoetherSearch
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actions brought in the courts of England prior to the merger of the courts of law and equity. See, e.g., Pernell v. SouthallSearch
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sought, and Page 481 U. S. 418 determine whether it is legal or equitable in nature. See, e.g., Curtis v. LoetherSearch
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a particular species of an action in debt that was within the jurisdiction of the courts of law. See, e.g., Atcheson v. EverittSearch
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Calcraft v. GibbsSearch
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the civil penalty suit as a particular type of an action in debt, requiring a jury trial. See, e.g., United States v. MundellSearch
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Jacob v. UnitedSearch
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Lees v. UnitedSearch
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of action in debt requiring trial by jury. It was against this historical background that the Court, in Hepner v. UnitedSearch
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U.S. at 213 U. S. 115 (emphasis added). In United States v. ReganSearch
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action is a better analogy than an action in debt is debatable. But we need not decide the question. As Pernell v. SouthallSearch
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search for the nearest 18th-century analog. See Ross v. BernhardSearch
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analogous common law cause of action in determining whether the Seventh Amendment guarantees a jury trial. Curtis v. LoetherSearch
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compensation or restore the status quo, were issued by courts of law, not courts of equity. See, e.g., Curtis v. LoetherSearch
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Steelworkers v. UnitedSearch
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Porter v. WarnerSearch
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may award monetary restitution as an adjunct to injunctive relief, it may not enforce civil penalties. See Porter v. WarnerSearch
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quoting Scott, Trial by Jury and the Reform of Civil Procedure, 31 Harv.L.Rev. 669, 671 (1918)). See also Galloway v. UnitedSearch
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to fix the penalty by statute has not been questioned, and it was also the British practice, see, e.g., Atcheson v. EverittSearch
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States, the action to recover civil penalties usually seeks the amount fixed by Congress. See, e.g., United States v. ReganSearch
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Hepner v. UnitedSearch
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the Clean Water Act. These are the kinds of calculations traditionally performed by judges. See Albemarle Paper Co. v. MoodySearch
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Pernell v. SouthallSearch
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in holding that the Seventh Amendment is not applicable to administrative proceedings. See, e.g., Atlas Roofing Co. v. OccupationalSearch
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Pernell v. SouthallSearch
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taking into consideration the nature of the cause of action and the remedy as two important factors. See Pernell v. SouthallSearch
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is similar to the remedy of punitive damages, another legal remedy that is not a fixed fine. See, e.g., Curtis v. LoetherSearch
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U.S. Supreme Court Tull v. UnitedSearch
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See Parsons v. BedfordSearch
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See Curtis v. LoetherSearch
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Atcheson v. EverittSearch
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United States v. MundellSearch
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In United States v. ReganSearch
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As Pernell v. SouthallSearch
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See Ross v. BernhardSearch
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See Porter v. WarnerSearch
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Galloway v. UnitedSearch
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See Albemarle Paper Co. v. MoodySearch
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