Jury Trial, Selection, Instructions, and Verdicts Flashcards
Right to Jury
Only have a right to jury for legal claims (money, not injunction).
If there are both legal and equitable claims, then the jury first decides the legal issue, then the judge decides equity issue based on factual determinations of the jury.
Role of the Jury
Can only decide factual issues or fact/law issues, NOT pure legal issues.
Jury Demand/Jury Request
Must demand jury (in complaint or otherwise) within 14 days of the last pleading on the issue.
–In removed cases, the timing is 14 days after notice of removal for the filer and 14 days after receipt of service for non-filer.
If you fail to do that, you can still request a jury. The court may grant the request if there was an excusable reason for failing to demand a jury in the first place.
Pool of potential jurors
Registered/actual voters within the district/division where the court is located.
But not non-citizens, illiterate, non-English speaker, incapacitated, pending felony charges, convicted of felony, active duty military, police/fire employees (can exclude themselves), public officers.
Failing to appear for fury duty
$1000 fine, imprisonment of 3 days, and/or community service
For-cause Challenge to Jury Selection
Number: unlimited
Reasons: juror is disqualified, shows actual bias, or shows implied bias.
Preserving objection to denial of for-cause challenge:
(1) Declare need to use peremptory challenge and the resulting shortage (I’m short one peremptory challenge)
(2) Ask for another peremptory challenge to compensate. If granted, then you are made whole and it’s done.
(3) If not granted, then use your peremptory challenge to strike
(4) Exhaust remaining peremptory challenges
(5) Prior to end of voir dire, contest the impartiality of the jury (i.e. b/c you can’t use your lost peremptory challenge to remove a person from the jury)
(6) After verdict is issued, seek a new trial (if you lose)
Preserving Objection to grant of adverse for-cause challenge:
(1) Make a contemporaneous objection: no cause to dismiss the juror
(2) Prior to the end of voir dire, contest the impartiality of the jury (i.e. b/c you did remove the juror)
(3) Seek new trial (if you lose)
Peremptory Challenges to Jury Selection
Number: 3 (court may allow 3 for each D)
Reason: none necessary, but can’t be race, ethnicity, gender, or national origin.
Jury Instructions: timing and objections
Timing: must be in writing before the deadline set by the Court.
–Must also be served on other parties
Objections:
- -Must be on the record w/any justifications
- -Must be made at charge conference
- -If instruction you want not given, then you can only challenge the decision if YOU (not other parties) requested that it be given.
Size of the Jury & Jury Unanimity
Constitutional Minimum: 6
Rule Minimum: 6
Rule Max: 6
Verdict must be unanimous (unless stipulated otherwise) and returned by a jury of at least 6 members.
Special Verdicts
Questions must have categorical or brief answers
If you forget to include a question on the form, you waive the right to a jury on that question.
If answers are inconsistent with the verdict, then the Court may: (1) ignore the verdict and follow the answers; (2) give additional instructions and order further deliberation; (3) order a new trial.
If answers are inconsistent with each other, then Court may: (1) give additional instructions and order further deliberation; (2) order a new trial.
Mansfield’s Rule
Juror can’t testify about jury deliberations unless external prejudicial info was introduced, outside presser was exerted, or mistakes were made on the verdict form.
