Civ Pro - Jury Trial

Question 1

7th amendment requirements

Answer 1

• At least 6, but 12 not required unless stipulated
  
  • Verdict must be unanimous unless stipulated
  • Demand within 14 days after service of the last pleading
    No right in action in equity (i.e. injunctive relief)

Question 1

both legal and equitable issues

Answer 1

Legal issue before jury first
Equitable claim settled by judge

Question 2

State trial

Answer 2

No right to jury
Number of jurors varies by state
Verdict does not need to be unanimous

Question 3

Judge’s role in no jury/waived right

Answer 3

Acts as finder of fact
States findings and conclusions
Mini-trial to dispose of the case

Question 4

Jury selection

Answer 4

1. For cause: any kind of bias/connection to case. No limit.
2. Preemptory challenge: without cause. 3 max.
   § Must be race and gender neutral reasons

Balanced pool of jurors: must be representative of overall community

Question 5

Jury instructions

Answer 5

Party objects: must be before jury goes into deliberation/retires or waived for appeal

Question 6

Jury conduct and deliberation

Answer 6

• Jury conduct:
  ○ Can’t experiment or study outside of jury room
  ○ Can’t talk to non-jurors about trial
  Misconduct/possible new trial
• Jury deliberation: papers, exhibits, notes ok but can’t take anything not introduced in evidence

Question 7

Prejudice/bias

Answer 7

• Outside prejudicial info = new trial can be ordered, verdict will NOT be set aside for inside juror prejudice
• Post-trial bias disclosed = new trial can be ordered
  Juror failed to honestly answer a material question and a correct answer would have led to a valid challenge of the juror