Jury Trials

Question 1

When are jury trials applicable?

Answer 1

equitable actions aren’t triable by jury as a matter of right; courts use these 2 factors to decide:

1. whether the claim more closely resemble actions in law
2. whether the remedy sough is legal or equitable in nature

Question 2

When must the demand for a jury trial be made?

Answer 2

w/in 14 days after the service of the last pleading , the right may be lost by failure to make a timely demand

Question 3

What are 3 general categories for cause that attorneys may ask the court to excuse jurors for?

Answer 3

1. general disqualifications- felony conviction
2. implied bias-potential
3. actual bias

*** each party may use preemptory strikes to remove 3 jurors without any cause (may not be used for racial or gender discrimination)

Question 4

What are 3 major pretrial motions?

Answer 4

1. 12b6- dismissal with prejudice unless otherwise stated
2. dismissal for failure to prosecute- dismissal with prejudice unless otherwise stated
3. summary judgement- must show no genuine dispute in any material fact and movant is entitled to judgment by law

Question 5

What are 5 main Post-Trial Motions?

Answer 5

1. JML- same analysis as summary judgment
2. RJML- must be w/in 28 days, requires previous JML
3. Motion for New Trial- when jury obviously misunderstood; to avoid inevitable appeal
4. Remittitur & Additur- reduction of damages; additions of damages are unconstitutional
5. Relief from juddgemt order

Question 6

What are the Jury Requirements for trial?

Answer 6

1. the jury must begin with at least 6 and no more than 12, and each juror must participate unless excused
2. unless otherwise stipulated, verdict must be unanimous and must be returned by at least 6

Question 7

Claim preclusion prevents re-litigation of a claim or clams…

Answer 7

1. between the same parties and those who are in privity
2. arising out of the same transaction or occurrence
3. that were determined on the merits by a court with proper jdxn

Question 8

Issue Preclusion…

Answer 8

prevents relitigation of issues that were fully and fairly litigated and were necessarily decided in a proceeding that reached final judgment on its merits

1. may not be used against someone that wasnt a party to the first case
2. may be used offensively by one who was not a party to the first action against one who was a party in the earlier suit