Civil procedure - jury trials

Question 1

At the close of evidence at trial, pursuant to the court’s scheduling order, the plaintiff’s attorney filed a written request for jury instructions. After the close of evidence, the plaintiff’s attorney determined that she wanted to supplement her request with additional instructions.

What is the correct standard for permitting a party to request additional jury instructions after the close of evidence?

Answer 1

Whether the party could not have reasonably anticipated the need for the additional instructions before the deadline set by the court.

Question 2

After the close of the evidence and oral arguments by the parties, the judge instructed the jurors and dismissed them to deliberate. However, one of the jury instructions given materially misstated the elements of an applicable statute. Both parties were unaware of the misstatement. As such, neither party timely objected to the erroneous instruction.

May a reviewing court consider the erroneous instruction?

Answer 2

Yes, a reviewing court may consider the erroneous instruction for plain error if it affected any party’s substantial rights, regardless of whether the objection was preserved.

Question 3

Where does the right to a jury trial come from

Answer 3

7A

Question 4

How many jurors do you need to have in a jury trial

Answer 4

at least 6 but no more than 12 unless stipulated by parties

Question 5

what happens if there is a depletion of jurors and you stipulated to 6 but due to the depletion you have 5 now

Answer 5

jury trial is valid

Question 6

Does the verdict have to be unamious in a federal jury trial

Answer 6

Yes unless agreed otherwise

Question 7

When must the demand for a jury trial need to be made

Answer 7

w/n 14 days after service of the last pleading

Question 8

When must the demand for a jury trial need not to be made within 14 days

Answer 8

Unless a court may order a jury trial upon a motion by a party on any issue for which the jury might have been demanded even after the period is passed

Question 9

when do you not have a right to a jury trial

Answer 9

in state court or equitable matters

Question 10

What if you have a case where it is both equitable and legal remedies are present

Answer 10

Try the legal issues first with a jury and the equitable claim before the judge

Question 11

State trials have no right to jury trial and the verdict

Answer 11

does not have to be unanimous

Question 12

Can you w/d the demand with jury trial

Answer 12

You can if all the parties consent

Question 13

If there is no right to a jury trial or the parties waive who is the fact finder

Answer 13

judge

Question 14

If the judge is a fact finder the decision must state

Answer 14

findings and conclusions

Question 15

Who was not a proper defendant in a suit at common law in 1791

Answer 15

A foreign manufacturer

Question 16

What are the 2 different ways to dismiss a juror

Answer 16

for cause and without case

Question 17

for cause

Answer 17

Any bias or connection to the state must be dismissed → unlimited chances

Standard: Proven or may exist bias

Question 18

How many w/o cause aka prempatory challenges does each side have

Answer 18

3

Question 19

A juror cannot be excluded based on

Answer 19

gender or race

Question 20

Who instructs the jury about the law

Answer 20

Judge

Question 21

If a party wants to object to the jury instructions they must do so

Answer 21

before the jury retires/ deliberates or they loose it on appeal

Question 22

What is allowed in a jury deliberation

Answer 22

paper, exhibits, notes you took in the trial into the deliberation

Question 23

What is not allowed in a jury deliberation

Answer 23

anything not in evidence

Question 24

What can the juror’s not do

Answer 24

private study or experiments on the evidence outside the jury room

Cannot talk to non-jurors about the trial

Question 25

If jurors talk to nonjurors about the trial what happens

Answer 25

misconduct / possible new trial

Question 26

What happens if the juror is getting information from a 3rd party

Answer 26

New trial can be ordered for outside prejudicial information

Question 27

What happens if the juror is doing something on the inside to prejudice himself

Answer 27

verdict will not be set aside

EX: Bob juror tells Fred juror he thinks Daryl juror is doing something wrong

Question 28

In order to raise a new trial post-trial based on a juror failing to honestly answer a material question the proponent of the new side would need to show

Answer 28

A correct answer would have lead to a valid challenge and bad faith