Jury Trials Flashcards
Right to Jury Trial Basics
Jury Trials
7th Amendment Rules:
* Must begin with at least 6 jurors; unless stipulated. (no more than 12 jurors)
* Unanimous verdict (by at least 6 jurors); unless stipulated.
Demand for Jury Trial:
* File within 14 days after last pleading.
* Can be included in complaint/pleading, or can be separate document.
Actions in Equity:
* No jury trial for equitable actions (e.g., injunctions).
* Jury trials only for legal issue = money
Law & Equity:
1) Legal issue: Tried by jury first.
2) Equitable issue: Settled by judge.
Withdrawing Demand — Allowed if all parties consent.
State Trials & Judge’s Role
Jury Trials
State Trials:
* No jury trial right for state trials.
* Juror numbers vary; verdict need not be unanimous.
Judge’s Role Without Jury:
* Acts as finder of fact.
* States findings and conclusions.
* May hold a mini-trial to dispose of case.
Jury Selection
Jury Trials
Two Ways to Dismiss Jurors:
1) For Cause:
* Juror shows any bias or connection to case (any whiff)
* Unlimited
2) Peremptory Challenge:
* Dismissal for any reason.
* Limited to 3 per party.
* CANNOT dismiss for race/gender.
Balanced Pool/Cross-Section of Community/Jury of Peers:
* Jury pool must represent the overall community.
Jury Deliberations
Jury Trials
Jury Instructions:
* Must object before jury retires
* Or waived for appeal
Jury Deliberation:
* Allowed: Papers, Exhibits, & Notes
* NOT Allowed: Anything not in evidence
Juror Conduct:
* Cannot conduct experiments or studies outside jury room
* Cannot talk to non-jurors about trial
* Misconduct/Possible New Trial
Prejudicial Information:
* New trial can be ordered for outside prejudicial information
* Verdict will NOT be set aside for inside juror prejudice
New Trial for Post-Trial Bias:
Juror failed to honestly answer a material question + A correct answer would have led to a valid challenge
