Judges & Juries Flashcards
How to ask for jury?
FRCP 38: no later than 14 days after the last pleading directed to the issue is served, you must make a jury request (written demand)
*in civil case, must timely request for a jury trial, otherwise, right to jury is waived
When Jury is allowed
In LAW cases
- Money damages (value of something)
- Replevin
- Ejectment
When is Jury not allowed?
In cases of Equity:
- injunction
- reformation
- Specific Performance
- Reforming a K
2 things needed to get a jury trial
1) Ask for jury trial (FRCP 38)
- no later than 14 days after last pleading directed at the issue served
2) Are you entitled to jury.
- Equity yes
- Law- No
Can you waive a right to a jury trial
yes, if do not ask for jury trial within time limit can be waived
What happens if juror exhibits any sort of potential bias and judge wants to keep him on panel?
If juror exhibits any sort of potential bias, and the judge wants to keep him on the panel, that bias must be explored ENTIRELY AND ELIMINATE IT
how to obtain a new trial?
a party must first demonstrate
1) that a juror failed to answer honestly a MATERIAL question on voir dire, and
2) then further show that a correct response would have been provided a valid basis for a challenge for cause
Peremptory challenges
Premptory challenge in law refers to the right to reject potential jurors w/o stating a reason.
- Each side gets 2 peremptory challenges, lawyer does not have to give reasons at all
- only way other side can challenge is if it is strategically trying to eliminate certain racial or gender from the jury
Challenging Judges
28 U.S.C. 455
a) : judge disqualify self if impartiality might reasonably be questioned
ex. key witness is a cousin
(b) should disqualify self in following circumstances
(1) where he has a personal bias/prejudice re a party, or personal knowledge about the
facts concerning the matter
(2) where as an attorney he served as a lawyer in the matter, or a lawyer who he
previously practiced law with is working on the matter, or the judge has been a material witness concerning this matter
(3) where the judge served in govt employment, during which he was an attorney,
adviser, or material witness about the issue or has expressed his opinion about this matter
(4) he, his spouse, or child has a financial interest in the subject matter or in a party to the proceeding, or one of their interests will be substantially effected by the outcome of the case
Can parties waive recusal of part a?
Yes, so long as part A can be waived
-Parties CANNOT waive when deals with sections b
When Juror bias and can maybe get new court?
- Not allowed to ask juror how they came to a conclusion
- the exception EXTERNAL INFLUENCES ON JURY CAN BE CHALLENGED- but not internal things
Ex of external things:
1) mobsters bribe juror
2) jurors research things on their own trying to use outside information
What should happen if a juror exhibits any sort of potential bias?
- If juror exhibits any sort of potential bias, and the judge wants to keep him on the panel, that bias must be explored entirely and eliminate it
Can you use evidence of jury deliberations to overturn a verdict?
NO
- Cannot use evidence of deliberations to overturn verdict otherwise reasonable.
- Judge cannot base his new trial ruling on evidence that the juror told the judge what they did in their deliberations
When can use evidence of a jury deliberations to overturn a verdict
- Can only use evidence of jury deliberations when juror has EXTERNAL INFLUENCE
- Cannot over turn unless extraneous and outside influence
What is an example of a juror being influenced by extraneous and outside influence?
- When a juror does their own investigation outside the courtroom
- such as own research or experiments
