Trial

Question 1

What does the Seventh Amendment state?

Answer 1

Guarantees a right to trial by jury in suits at common law where the value at issue is over $20

Question 2

Is a party entitled to a trial by jury where the claim seeks injunctive relief?

Answer 2

No, the right to trial by jury is only available for claims seeking monetary relief, not injunctive.

If the claim seeks both damages and injunctive relief, then the right to trial by jury extends to any issue of fact underlying a damages claim, even if resolution of that issue also supports injunctive relief

Question 3

Besides damages, what else is required for a trial by jury to be allowed?

Answer 3

The claim must made at common law, so it must be fairly analogized to a 1791 common law claim

Question 4

Who can demand a trial by jury?

Answer 4

Any party can exercise. If 10 parties, just 1 has to want it

Question 5

When can a party demand a trial by jury?

Answer 5

No later than 14 days after the last pleading directed to the jury-eligible issue is filed, party exercising right must file with court and serve on other parties written demand for jury trial

Question 6

What is voir dire?

Answer 6

A preliminary examination of a witness or a juror by a judge or counsel

Question 7

What kinds of challenges can be made in voir dire?

Answer 7

1. challenge for cause
2. peremptory challenge

Question 8

How many challenges for cause can be made at voir dire?

Answer 8

Unlimited; a challenge alleging that they are unfit to serve must articulate unfitness

Question 9

How many peremptory challenges are parties allowed to make at voir dire?

Answer 9

Parties have 3, automatic dismissal, no justification needed unless the strikes give rise to gender/race discrimination

Question 10

Must jury verdicts be unanimous?

Answer 10

Unless parties stipulate otherwise, must be unanimous