Jury trials

Question 1

7th Amendment

Answer 1

right to jury trial

Question 2

at least..

Answer 2

6 Jurors, but no requirement of 12 unless parties stipulate

Question 3

verdict must be

Answer 3

unanimous, unless parties stipulate otherwise

Question 4

demand for a jury trial

Answer 4

14 days of the service of the last pleading

Question 5

no right for jury trial in

Answer 5

actions in equity

Question 6

if both legal damages and equitable damages are present

Answer 6

you try legal issues first with jury and equitable claims to the court

Question 7

can you wirthdraw demand of jury trial?

Answer 7

yes if all parties consent

Question 8

in state trial there is no

Answer 8

right to jury trial

Question 9

if parties waive jury trial or there is no right

Answer 9

judge is finder of fact and states findings and conclusions separately

Question 10

jury selection

Answer 10

two different ways to throw them off

Question 11

dismiss

Answer 11

for cause (any bias or connection and no limit)- unlimited

dismiss w/o cause- preemptory challenge (3 per side)

Question 12

3 preemptory challenges, but cannot be excluded based on

Answer 12

race and gender

Question 13

balanced pool

Answer 13

jurors must come from a cross section of the overall community

Question 14

jury instructions

Answer 14

instructs jury of law

Question 15

if party wants to object to those instructions

Answer 15

must do so before the jury retires or they lose it on appeal

Question 16

jury deliberation

Answer 16

sitting in room

Question 17

jurors may take

Answer 17

papers, exhibits or notes, but not introduced into evidence

Question 18

cannot study documents

Answer 18

outside the jury room

Question 19

cannot talk to nonjurors

Answer 19

about the trial

Question 20

juror testifies there was outside prejudicial information

Answer 20

talking to someone outside the room

Question 21

verdict will not be juror misconduct

Answer 21

if coming from the jurors themselves (own or another juror misconduct)

Question 22

post-trial bias

Answer 22

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