Trial Flashcards
A party who wishes to have a jury trial must do what?
file a written demand with the court and serve it on the parties.
A jury demand may be withdrawn when?
only with the consent of the all the parties.
When must a party make a jury demand?
within 14 days of the filing of the last pleading directed to the jury-triable issue.
Where legal and equitable claims are joined together in one action involving common fact issues, what issues are heard by whom?
the jury hears the legal claims; the judge hears the equitable claims.
Under the 7th Amendment, federal courts must do what?
permit a jury trial in any diversity suit at common law.
Where a state law requires submitting questions of fact to the court, a federal court will do what?
nonetheless submit questions of fact to the jury.
The __________ must be a fair cross section of the community.
jury venire
Objections to giving or failing to give instructions to the jury must be made when?
before the jury retires to consider the verdict.
What may jurors take into the jury room with them?
papers, exhibits and their own notes.
May juries engage in experiments in the courtroom?
no
When may a jury view property or places involved in the case?
upon a court order
Where a juror is dismissed for good cause, must there be a mistrial called?
no. A juror may be excused for good cause without causing a mistrial so long as at least six jurors participate in reaching the verdict.
Where a jury verdict shows on its face that the jury failed to follow the court’s instructions, what will happen?
either the jury will be asked to redeliberate or a new trial will be ordered.
Can a jury completely change its verdict when a redeliberation is called?
yes
Where a juror gave false testimony during voir dire, or concealed material facts relating to his qualifications to serve, what is appropriate?
a new trial
