Jury Trials

Question 1

A) Right to Jury Trial

Answer 1

7th Amend.
Demand for a Jury
1) Action in Equity
2) Law & Equity
Withdrawing a Demand
State Trial
Judge’s Role, no Jury

Question 2

7th Amend.

Answer 2

(a) At least 6 jurors unless stipulated
(b) Unanimous verdict unless stipulated

Question 3

2) Demand for a Jury

Answer 3

(a) Made within 14 days / 2 weeks after service of the last pleading

Question 4

3) Action in Equity

Answer 4

(a) No right for actions based in equity (injunction)
(i) No need for a hearing

Question 5

4) Law & Equity

Answer 5

(a) Legal issue is tried by a jury first
(b) Equitable claim is settled by a judge

Question 6

5) Withdrawing a Demand

Answer 6

(a) Demand may be withdrawn IF all party’s consent

Question 7

6) State Trials

Answer 7

(a) No tight to a jury in state trials
(b) Number of jurors varies by state
(c) Verdict does NOT need to be unanimous

Question 8

7) Judge’s Role, no Jury

Answer 8

(a) Acts as a Fact Finder
(b) States Findings & Conclusions
(c) Mini-trial to dispose of the case

Question 9

B) Jury Selection

Answer 9

Dismiss for Cause
Peremptory Challenge

Question 10

(i) Dismiss for Cause

Answer 10

(i) Juror shows any bias/connection to the case
(ii) No Limit

Question 11

(ii) Peremptory Challenge

Answer 11

(i) Dismiss for any reason
(ii) Each Party has THREE
(iii) CANNOT dismiss for Race or Gender

Question 12

(b) Balanced Pool Of Jurors

Answer 12

(i) Cross-section of community

Question 13

C) Deliberations

Answer 13

1) Jury Instructions
2) Jury Deliberation
3) Juror Conduct
4) Prejudicial Information
5) New Trial for Post-Trial Bias:

Question 14

1) Jury Instructions

Answer 14

(a) Must object before Jury Retires
(b) Or waived for appeal

Question 15

2) Jury Deliberation

Answer 15

(a) Allowed: Papers, exhibits and notes
(b) NOT allowed: Anything not in evidence

Question 16

3) Juror Conduct

Answer 16

(a) Cannot conduct experiments or studies outside the jury room
(b) Cannot talk to non-jurors about trial
(c) Misconduct/Possible New trial

Question 17

4) Prejudicial Information

Answer 17

(a) New trial can be ordered for outside prejudicial information
(b) Verdict will NOT be set aside for inside juror prejudice

Question 18

5) New Trial for Post-Trial Bias:

Answer 18

(a) Juror failed to honestly answer a material question
(b) A correct answer would have led to a valid challenge