Other Concepts Flashcards
7th A. Right to a Jury
Applies only to Fed. Cts, guaranteed for claims over $20. Statutes can grant right to jury trials not covered by 7th A.
What creates a presumption of bias in a juror?
Ownership of stock or working for a company (or spouse)
Rule 11 Sanctions
Allowed when conduct is based on delay, harassment, or knowingly baseless claims.
Pre Trial Conference
Atty should be prepared to make admissions/stipulations about reasonably anticipated matters.
Sanctions allowed if atty substantially unprepared or acted in bad faith
Are vote lists ok to use for jury selection?
Yes!
A jury verdict can be set aside if what?
If a juror intentionally concealed a bias in bad faith
Is a jury trial in federal court appropriate for equitable claims?
No. No jury right if claim is solely equitable. Ok if partially equitable and legal.
What dismissals are not “on the merits”?
- Lack of Jx
- Improper venue
- Failure to join a party
- Orders w/o prejudice
Can parties agree to a non unanimous jury verdict?
Yes under the FRCP
Class certification requirements
- Numerosity
- Common Q of law or fact
- Rep = typical
- Rep ensure fair & adequate representation
- One of following met
-inconsistent result risk
-Injunctive or declaratory relief appropriate
-Common Q of law and fact
Abstention
When Fed Ct won’t hear a case pending in state Ct cuz about state constitution or abstention doctrine applies
