Jury trials Flashcards
7th Amendment
right to jury trial
at least..
6 Jurors, but no requirement of 12 unless parties stipulate
verdict must be
unanimous, unless parties stipulate otherwise
demand for a jury trial
14 days of the service of the last pleading
no right for jury trial in
actions in equity
if both legal damages and equitable damages are present
you try legal issues first with jury and equitable claims to the court
can you wirthdraw demand of jury trial?
yes if all parties consent
in state trial there is no
right to jury trial
if parties waive jury trial or there is no right
judge is finder of fact and states findings and conclusions separately
jury selection
two different ways to throw them off
dismiss
for cause (any bias or connection and no limit)- unlimited
dismiss w/o cause- preemptory challenge (3 per side)
3 preemptory challenges, but cannot be excluded based on
race and gender
balanced pool
jurors must come from a cross section of the overall community
jury instructions
instructs jury of law
if party wants to object to those instructions
must do so before the jury retires or they lose it on appeal
jury deliberation
sitting in room
jurors may take
papers, exhibits or notes, but not introduced into evidence
cannot study documents
outside the jury room
cannot talk to nonjurors
about the trial
juror testifies there was outside prejudicial information
talking to someone outside the room
verdict will not be juror misconduct
if coming from the jurors themselves (own or another juror misconduct)
post-trial bias
after trial, juror during jury selection failed to dislose information if
1) failed to answer honestly about a material question
and
2) would have led to a valid challenge
