Jury Trial

Question 1

7th Amendment

Answer 1

common law suit less than $20 = trial by jury; right of trial by jury shall be preserved

Question 2

Demand for Jury Trial - Rule 38

Answer 2

party must demand w/in 14 days after service of last pleading;
waived if not properly demanded

Question 3

Legal Claim

Answer 3

Right to Jury Trial

Question 4

Equity Claim

Answer 4

no right to jury trial

Question 5

Mixed Law and Equity Claim

Answer 5

(Beacon Theatre) can not be deprived of jury trial because you have both legal and equity claim;
judge bound by jury’s decision when aking equity ruling

Question 6

Chauffeurs, Teamsters case

Answer 6

Claims based on the duty of fair rep. are legal, not equitable
thus, entitled to jury trial
apply historical test to determine legal v equitable: is claim analogous to claim available in 1791

Question 7

Peremptory Challenges and Discrimination

Answer 7

have right to dismiss jurors without cause;
BOP for discrimination:
once D makes a prima facie showing of discrimination in jury selection, burden shits to State to come forward with race-neutral explanation
race, gender