4. Jury Trials Flashcards
What does the 7th Amendment guarantee?
The right to a trial by jury in suits at common law where the value in controversy exceeds $20
This right is applicable only when monetary relief is sought.
When does the right to a jury trial exist if both monetary and injunctive relief are sought?
For any issue of fact underlying a damages claim
This applies even if the resolution of that issue may also support injunctive relief.
Who can exercise the right to a jury trial?
Any party involved in the case
If there are multiple parties, only one needs to demand it.
What is the timing requirement for demanding a jury trial?
The demand must be filed no later than 14 days after the last pleading directed to the jury-eligible issue is filed
Failure to file timely results in forfeiture of the right.
Can a jury trial demand be withdrawn?
No, it cannot be withdrawn without the consent of both parties.
What happens if a jury trial demand is made before removal to federal court?
It need not be renewed after removal
This applies if the demand was made according to state law.
What is the composition of a federal jury?
A federal jury can be composed of six to twelve members
All members must participate in the verdict unless excused.
What is a challenge for cause?
Attorneys may ask the court to excuse any juror for cause.
- General disqualification: felony conviction or some other inherent disqualification;
- Implied bias may exist; and
- Actual bias: predetermined beliefs to decide the case instead of deciding the case based upon the facts.
Parties have a UNLIMTED number of challenges for cause, but MUST articulate the nature of the juror’s unfitness.
The erroneous denial of a challenge for cause does NOT warrant reversal if the prospective juror ultimately does NOT serve on the jury.
What are peremptory challenges?
Each party may exercise three peremptory challenges to excuse jurors without stating a reason
Cannot be used to exclude jurors based on race, ethnicity, or gender.
What is the Batson Challenge?
A rule that requires the party opposing a peremptory challenge to establish a prima facie case of discrimination
The proponent must then provide a neutral explanation for the strike.
When can a party file written requests for jury instructions?
At the close of the evidence or any earlier reasonable time ordered by the court.
What must the court do regarding proposed jury instructions?
Inform the parties of its proposed instructions and actions on requests before instructing the jury
Parties must have an opportunity to object before instructions are delivered.
What is required for a timely objection to jury instructions?
A party must object on the record and out of the jury’s hearing before instructions are delivered.
When is it too late to object to jury instructions?
Once the jury begins deliberation.
What can a party assign as error regarding jury instructions?
An error in an instruction actually given or a failure to give an instruction if properly requested and objected to.
