Jury Trials Flashcards
7th Amendment
at least 6 jurors unless stipulated
Unanimous verdict unless stipulated
Demand for Jury Trial
14 days
Right to Jury Trial - Action in Equity
No right to jury
injunctive relief
Right to Jury Trial - Action in Law
Right to Jury
Right to Jury Trial - Action in Law & Equity
legal issue tried to jury first
then equitable claim settled by judge
Right to Jury Trial - Withdrawal of Jury Demand
All parties must consent
Right to Jury Trial - State Trials
No right to jury
Verdict does not need to be unanimous
Judge’s role when no jury
Acts as finder of fact
States Findings of Fact and Conclusions of Law
Bench trial
Jury Selection - Dismissals
For Cause
- No limit
- Any showing of bias/connection to case
Peremptory Challenge
- Dismissal for any reason
- Each party gets 3
- Cannot dismiss for gener/race
Balanced pool of jurors
Jury pool must be representative of overal community
Objection to Jury Instructions
Must object before jury retires
OR waived for appeal
