Jury Trial

Question 1

what does the 7th amendment cover?

Answer 1

the right to a jury trial

Question 2

Federal jury trial standards

Answer 2

*At least 6 jurors unless stipulated otherwise 12 not required
*Unanimous verdict unless stipulated otherwise

Question 3

demand for a jury trial

Answer 3

must be made within 14 days AFTER service of the last pleading

Question 4

Action in Equity (equitable dmgs cases)`

Answer 4

there is no right to a jury trial for actions based in equity (inunction, etc)

Question 5

jury trials and cases where there are legal AND equitable damages available

Answer 5

• Legal issue is tried by jury first
• Equitable claim is settled by judge

Question 6

Withdrawing a demand

Answer 6

*Demand may be withdrawn IF all parties
consent

Question 7

state trials and right to a jury

Answer 7

*No right to a jury in State trials
*Number of jurors varies by State
*Verdict does NOT need to be unanimous

Question 8

Judge’s role - no jury (bench trial)

Answer 8

*Acts as Finder of Fact
*States Findings & Conclusions
*judge can have a Mini-trial on one of the issues to dispose of the case

Question 9

jury selection - 2 ways to dismiss a juror

Answer 9

1. dismiss for cause
2. peremptory challenge

Question 10

for cause

Answer 10

Dismiss For Cause:
*Juror shows any bias/connection to case
*No limitations

Question 11

Peremptory Challenge

Answer 11

• Dismissal for any reason
• Each party has 3
• CANNOT dismiss for race/gender

Question 12

Rule of balanced pool

Answer 12

7th amend requires that jurors come from a representative of the overall community

Question 13

deliberations - jury instructions

Answer 13

• judge instruct jury about the law
• if the party wants to object to these instructions > must do so before the jury retires (goes to deliberate) or else it is waived on appeal

Question 14

deliberation - jury deliberation

Answer 14

allowed to use: papers, exhibits, and notes

NOT allowed: anything not in evidence

Question 15

Juror Conduct rules and regulations

Answer 15

• Cannot conduct experiments or studies outside jury room
• Cannot talk to non-jurors about trial
• Misconduct/Possible New Trial if in violation

Question 16

prejudicial information makes it to the jury

Answer 16

• New trial can be ordered for outside
  prejudicial information
• Verdict will NOT be set aside for inside juror prejudice

Question 17

Post-trial bias

Answer 17

• if it turns out that a juror, during jury selection, failed to disclose some sort of bias, a new trial could be ordered if:

1) Juror failed to honestly answer a material question
AND
2) A correct answer would have led to a valid challenge that said juror shouldn’t have been on the jury in the first place