Jury Trials Flashcards
7th Amendment
- at least 6 jurors (not a requirement of 12) unless stipulated
- unanimous verdict unless stipulated
When must the demand for a jury trial be made?
must be made within 14 days after service of the last pleading
Is there a right to jury trial in action in equity?
No (usually injunction)
*if theres both, try the legal issues with a jury AND THEN equitable claim in front of the judge
Withdrawing a Demand for a jury trial?
Demand may be withdrawn IF ALL PARTIES consent
State Trials and Jury
- no right to a jury in State trials
- numbers of jurors varies by state
- verdict does NOT need to be unanimous
What is role of Judge when there’s no jury?
- Acts as Finder of Fact
- States Findings and Conclusions
- Mini trial to dispose of the case
Jury Selection
2 ways to dismiss a juror
- Dismiss for Cause
- Peremptory Challenge
Dismiss for Cause
- juror shows any BIAS/connection to case
- no imit
Peremptory Challenge
- dismissal for ANY reason
- each party has 3 limits
- CANNOT dismiss for race/gender
Balanced Pool of Jurors
Jury pool must be representative of overall community
Jury Instructions (by judge)
- If a party wants to object to jury instructions, Must object before jury retires (before they go into deliberating)
- If not, it’s waived for appeal
Jury Deliberations
Allowed: Papers, exhibits, and notes
NOT Allowed: Anything not in evidence
Juror Conduct
- Cannot conduct experiments or studies outside jury room (must be in confines of 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
- turns out juror failed to disclose some sort of bias
- a new trial could be ordered IF
1) juror failed to honestly answer material question AND
2) a correct answer would have led to a valid challenge
