The right to a jury trial comes from the Seventh Amendment to the Constitution, which was enacted in 1791 and just “preserves” the right to a jury trial as it existed at the time. Thus, determining whether there is a right to a jury can almost require you to be a legal historian.

The basic concept is pretty straightforward though—in trials for money damages, either side has a right to a jury trial. When the plaintiff is seeking “equitable” relief—such as an injunction, which is an order that the defendant must or may not do something—then the judge makes all the decisions.