Jury Trials

Question 1

What Amendment involved juries? Describe.

Answer 1

7th Amendment

• Right to trial by Jury
• Jury must have AT LEAST 6 Members (max of 12 Jurors) – UNLESS the Parties stipulate a different number
• Jury’s Verdict must be UNANIMOUS – UNLESS the Parties stipulate otherwise

Question 2

When must the demand for a jury trial be made?

Answer 2

demand for a jury trial be made WITHIN 14 Days after service of the LAST Pleading

Question 3

In a case, if Plaintiff seeks ONLY equitable relief, does he have the right to a Jury trial?

Answer 3

= NO, there’s no right to Jury Trial for actions based in equity (e.g., seeking an injunction)

Question 4

In a case, if Plaintiff seeks BOTH legal damages ($) AND equitable relief, how must those be addressed?

Answer 4

In a case, if Plaintiff seeks BOTH legal damages ($) AND equitable relief…

1. FIRST, the Legal Damages issue must be tried by a Jury
2. SECOND, the Equitable claim must be settled by the Judge

Question 5

Withdrawing a Demand

Answer 5

= if ALL Parties consent, then Demand MAY be withdrawn

Question 6

State Trials

Answer 6

• there’s NO right to Jury Trial in State Trials
• # of Jurors varies by State
• Verdict does NOT need to be unanimous

Question 7

In Jury Selection, what are the ways to Dismiss a potential Juror?

Answer 7

In Jury Selection, the TWO ways to Dismiss a potential Juror are…

• #1) Dismiss For Cause
  
  • if potential Juror shows any bias OR connection to the case
  • *NO limit to how many times can dismiss jurors for cause
• #2) Preemptory Challenge
  
  • dismissal for ANY REASON
  • *limit of 3 dismissals here
  • *CANNOT dismiss based on Race / Gender

Question 8

Balanced Pool of Jurors

Answer 8

= the Juror pool must be representative of overall community

Question 9

Objecting to Jury Instructions

Answer 9

= if a Party wants to object to the Judge’s Jury Instructions → MUST object BEFORE the Jury retires to begin its deliberation

*if Party doesn’t object, it waives objection for appeal

Question 10

What’s allowed / not allowed in Jury Deliberations?

Answer 10

Allowed → papers, notes, exhibits

NOT Allowed → anything that’s not introduced into evidence

Question 11

Juror Conduct

Answer 11

Juror Conduct…

1. CANNOT conduct experiments or studies outside Jury Room
2. CANNOT talk to non-Jurors about the trial
3. **if Juror violates → could be deemed “trial misconduct” OR Judge may order new trial

Question 12

Prejudicial Information

Answer 12

If Court finds out that a Juror was getting outside prejudicial information…

→ Court MAY order new trial

*but if there was inside Juror prejudice, Court will NOT set Verdict aside

Question 13

New Trial for Post-Trial Bias

Answer 13

Court will order a new trial due to post-trial bias IF…

1. Juror failed to honestly answer a material question, AND
2. a correct answer would have led to a valid challenge