Trial

Question 1

When is there a 7th A right to trial by jury

Answer 1

7th A right to trial by jury applies to suits at common law, where the value is greater than $20

Question 2

How to determine whether a suit is “at common law”

Answer 2

When determining if a suit is at common law, considers:
1. nature of remedy: right to trial by jury when seeking monetary relief
2, nature of claim: must be seeking damages and claim must be fairly analogized to a 1791 common law claim

Question 3

When is there a right to trial by jury if nature of relief is both monetary and injunctive?

Answer 3

Right to trial by jury will apply for any issue of fact underlying a damages claim, even if resolution of that issue also supports injunctive relief

Question 4

Who may make a demand for a trial by jury

Answer 4

Any party can make a demand for a trial by jury and may be granted if any party wants it

Question 5

When must a demand for trial by jury be made

Answer 5

Demand must be made no later than 14 days after the last pleading directed to the jury eligible issue is filed

Question 6

How does a party properly demand a jury

Answer 6

Party exercising right must file demand with court and serve on other parties with the written demand for a jury trial

Question 7

How many jurors must sit on jury?

Answer 7

6-12

Question 8

What types of challenges may be exercised at voir dire?

Answer 8

1. Challenge for cause
2. Peremptory challenge

Question 9

What are requirements for making a challenge for cause regarding a juror

Answer 9

Attorney must articulate why the juror is unfit to serve

Question 10

How many challenges for cause can be made at voir dire

Answer 10

Unlimited

Question 11

What is a peremptory challenge

Answer 11

Automatic dismissals without requiring justification

Question 12

How many peremptory challenges may be exercised by each party?

Answer 12

Three

Question 13

What are inadmissible grounds for peremptory challenges

Answer 13

Gender and race

Question 14

Must jury verdicts be unanimous?

Answer 14

Yes, unless otherwise stipulated by parties

Question 15

When may JMOL be issued?

Answer 15

Under Rule 50(a), during a jury trial only, a court may enter either on its own or upon motion, a judgement as a matter of law if
1. party against whom judgement is entered has been fully heard on the issue
2. party lacks sufficient evidence to prevail on issues necessary to claim or defense, using a summary judgement standard