Jury Trial Flashcards

1
Q

Jury Trial

A

Fed: 7th if damages $20; jury of 6+ (6 unan.); jury issues before judge equity issues

CA: legal actions, need 12 absent agreement; 3/4 verdict; judge tries equity pieces first [Equity Cleanup Doctrine: no jury for incidental legal claim)

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2
Q

Jury Demand

A

Fed: 1/in 14 days of last pleading giving rise to jury triable issue

CA: w/in 5 days of setting trial date

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3
Q

Damages

A

Remittitur (accept lower amount or…): OK

Additur (accept higher amount or..): OK CA ONLY

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