Pg 32 Flashcards
Is there a right to a jury trial in state court for a state claim?
No, this is not bound by the seventh amendment and not incorporated to apply to the states, so the states are free to provide jury trials in civil cases or not depending on the state constitution or statutes.
If you are in state court on a federal claim do you have a right to a jury trial?
Yes, it is just if you were in state court for a state claim they don’t have that right
What are the two stages of jury selection?
– venire
- voir dire
What is involved in venire regarding jury selection?
A list of potential jurors is compiled and jurors are assembled. The group is selected at random to sit as a tentative jury. The judge empanels jurors by taking a bunch of people from all walks of life and ordering them to jury duty
What is involved in voir dire?
The jurors are questioned by a judge and/or attorneys to decide if they have biases. When one juror is dismissed, another one gets put in his place and is asked questions until the final panel is selected
How many jurors are usually selected to be on a jury?
6 to 12.
If a jury has 12 jurors on it, does the vote have to be unanimous? What if the jury only has 6?
- 12: the final verdict does not have to be unanimous but there must be a super majority. It could be 9 to 3 or 10 to 2
– 6: must be unanimous
Is it possible for a jury to only include jurors that don’t work for a daily wage?
No, because that does violence to the democratic nature of the jury system. But it is possible to excuse individuals if it is too financially burdensome for them to be on the jury
What are qualifications for jury service?
Citizenship, residency, no prior criminal history, command of the English language, etc.
How is jury duty usually selected?
From a list of registered voters, but it also could include things like drivers’ licenses, public utilities, tax rules, phone lists, etc.
What is a blue ribbon jury?
When the jury is selected based on their education level so they can decide complex cases. This happens in situations when due process wouldn’t be satisfied unless the jurors had the intellectual ability and background to understand the case
What are the two different ways you can challenge jurors?
- for cause challenges
– peremptory challenges
What is involved in a for-cause challenge to a juror?
A prospective juror can be rejected if personality, bias, or prejudice is shown. There’s an unlimited number of these and they are determined by the trial judges
What is involved in peremptory challenges?
This allows the rejection of jurors without a stated reason and each side is usually allowed between three and five of these, but can be up to 20. Federal courts only allowed three. Each side can eliminate people that will not be favourable to their argument.
How does the equal protection clause relate to peremptory challenges?
It bars a party from using challenges to exclude jurors for constitutionally protected reasons, such as race or gender or any choice that is a result of discrimination or stereotyping.
If a jury member cannot decide the issue, what should happen?
He should find against the party that has the burden
What is a hung jury?
When the required number of jurors cannot make a decision and a new jury or a new trial is chosen
What are the three types of verdicts?
- general verdict
– general verdict with interrogatories
– special verdict
What is a general verdict?
When the jurors determine facts and apply the law and then conclude who prevails and what the damages will be
What is a general verdict with interrogatories?
A general verdict plus key questions that are directed by the judge for the jury to answer
What is a special verdict?
When factual issues of the case are submitted to the jury as questions and the judge applies the law to their answers to determine who wins
What is impeachment of verdict?
When there is extraneous prejudicial information that is improperly brought to the jury’s attention, including outside influence, mistake on the verdict form, etc.
What are the two things that a losing party can make a post trial motion for?
- judgement notwithstanding the verdict
– new trial
When can the losing party make a post trial motion for a new trial?
If he argues that the judge erred in admitting or excluding evidence, that the charge was defective, that someone was guilty of misconduct, that the damages were excessive, or that the jury’s verdict was against the clear weight of evidence
