Juries and Trials

Question 1

FRCP 48 Number of Jurors Verdict Polling

Answer 1

• (a) number of jurors - a jury must begin with at least 6 and no more than 12 members and each juror must participate in the verdict
  
  • (b) verdict - unless the parties stipulate otherwise, the verdict must be unanimous and must be returned by a jury of at least 6 members

Question 2

Chauffeurs Teamsters and Helpers Local No 391 v Terry

Answer 2

collective bargaining agreement - violation in seniority rights - claims based on the duty of fair rep are legal in nature

Question 3

Seventh Amendment

Answer 3

In suits at common law, where the value in controversy shall exceed $20 the right of trial by jury shall be preserved and no fact tried by a jury shall be otherwise re-examined in any court of the US than according to the rules of the common law

Question 4

Is this a new statutory claim enacted by congress?

Answer 4

• Did congress grant a right to a jury trial in the statute?
  ○ If yes - there is a statutory right to a jury trial your analysis is done!
  ○ If no - continue
  
  • Does the 7th amendment preserve a right to a jury trial
    ○ (1) compare the action to 18th century actions brought in the courts of England in 1791 to determine whether it is legal or equitable in nature (it will be told to us or note and move on)
    ○ (2) examine the remedy sought and determine whether it is legal or equitable in nature
    § (the second inquiry is the more important in our analysis - Terry)
    ○ *remember rule 38 and timing

Question 5

Legal claims

Answer 5

• Attorney malpractice action
  
  • Breach of contract action

Question 6

Legal Damages

Answer 6

• Compensatory damages
  
  • Punitive damages
  • Monetary penalties

Question 7

Equitable claims

Answer 7

• Suit to vacate an arbitration award
  
  • Suit against trustee for breach of fiduciary duty

Question 8

Equitable damages

Answer 8

• Restitutionary damages including
  ○ Disgorgement of improper profits
  ○ Backpay?

Question 9

FRCP 38 Right to a Jury Trial Demand

Answer 9

• (a) right reserved - the right of trial by jury as declared by the 7th amendment to the constitution - or as provided by a federal statute - is preserved to the parties inviolate
  
  • (b) demand - on any issue triable of right by a jury a party may demand a jury trial by
    ○ (1) serving the other parties with a written demand - which may be included in a pleading - no later than 14 days after the last pleading directed to the issue is served and
    ○ (2) filing the demand in accordance with rule 5d
  • (d) waiver withdrawal - a party waives a jury trial unless its demand is properly served and filed. A proper demand may be withdrawn only if the parties consent

Question 10

1865 b - An individual can serve on a federal civil jury if they:

Answer 10

• Are a citizen of the US
  
  • Are at least 18 years old
  • Have resided in the district for at least one year
  • Are able to read write and understand english
  • Are not incapable of rendering satisfactory jury service and
  • Have not been convicted of a felony and have no pending felony charges (but may serve if they have had their civil rights restored after a felony conviction)

Question 11

28 USC Section 1870 Challenges

Answer 11

• In civil cases each party shall be entitled to three preemptory challenges - any purpose without explanation except batson (race) challenges
  
  • All challenges for cause shall be determined by the court - no limit but it’s a really high threshold
    ○ Actual bias: admits an inability to be impartial
    ○ Has a relationship with a party witness or attorney in the case
    ○ Has a financial interest in the case outcome
    (Edmonson v. Leesville Concrerte co - construction worker was injured in a jobsite accident - lugars state action - batson challenges can occur in civil as well as criminal)
    Lugars State Action Test (don’t need to know)