Right to a Jury Trial Flashcards
1
Q
Where is the right to a jury trial grounded?
A
7th Amendment “preserves” right to a jury trial
2
Q
Legal Actions
A
seeking some kind of compensatory or punitive monetary damages
3
Q
Equitable Actions
A
When a party is seeking some kind of relief that is not monetary
4
Q
Who can demand a jury trial?
A
Any party - D can demand if P’s claims allow for it and P hasn’t demanded it
If D has a counterclaim for which there would be a jury trial, they can demand it
5
Q
Can the right to a jury trial be waived?
A
Rule 38(b)
Yes. right to a jury trial is waived if you do not plead in writing requesting a jury trial after 14 days that the last pleadings directed to the issue is served
6
Q
Is the waiver for a jury trial absolute?
A
Rule 39(b)
No. if it is not demanded, trial court has discretion
