Trial Judgment and Post Trial Motions

Question 1

Jury Trial

Answer 1

Jury Trial comes from CA Constitution Article 1 (Not the US Constitution) The Right attaches to those causes of action for which a jury trial would have been available in1850 and the right is particular to causes of action.

Question 2

What is the Equity First Doctrine?

Answer 2

Equity first doctrine:

Equitably claims tried 1st before judge; then legal claims tried before the jury. Crt has discretion. No right where legal issues incidental to equitable issues.

Question 3

What are the basic parameters of a jury trial?
Timing?
Fees?
# 
Waivable?

Answer 3

1. Jury trial basics: must be made at time cause set for trial or w/in 5 days after notice of setting. Jury fees due in advance of trial. At least 8 jurors. Can be waived.

Question 4

What is required when compiling a jury pool?

Answer 4

1. Jury Pool: must be from representative cross section of community (cty based). Comp of jury – test for violate =
   (1) excluded group is distinctive or cognizable group in community,
   (2) rep of group is not fair and reasonable, and
   (3) underrepresentation due to systematic exclusion of that group.

Question 5

FED When does a party have a right to a jury trial in Federal court?

Answer 5

[F]Jury Trial: Right to jury trial in actions over $20.

Question 6

What needs to happen to properly request a jury trial?

Answer 6

Jury trial basics: must be made at time cause set for trial or w/in 5 days after notice of setting. Jury fees due in advance of trial. Can be waived.

Question 7

What claims are decided first in Federal Court?

Answer 7

c. 1st: Issues of fact must be tried/decided by jury. 2nd Equitable claims by court (injunctions)

Question 8

Why can any Californian have a jury trial?

Answer 8

A Jury Trial is considered an inviolate right secured to all.

Question 9

What is a requirement of the Party making the Demand for a jury trial?

Answer 9

1. Requirement of Demand
   Party who wants a jury must 1) file demand w/ court AND
   2) serve on parties w/in 14 days of service of last pleading (Complaint/Answer/Cross-complaint/Demurrer) directed to JURY TRIAL ISSUES of FACT.

Question 10

How many jurors for CA trial?

How many jurors for Fed Trial?

Answer 10

CA: Civil juries must have min 8/ max 12; unless parties agree to less.
FED min 6/ max 12

Question 11

How many peremptory challenges in CA / FED court?

Answer 11

Peremptory challenge: each side w/2 prtys = 6 ea; [FED 3] more than 2 = 8 each side;
In CA expedited jury trial=ea. prty gets 3 (for any reason except race, gender, or sex orient. — can be age)

Question 12

What is considered a For Cause Challenge in jury selection?

Answer 12

2. For Cause Challenge- Constitutional rt to impartial jury— Unlimited Challenges for: (1) General Disqualification; (2) implied bias; (3) Actual bias.

Question 13

What is considered a For Cause Challenge against a judge?

Answer 13

3. Challenge judge: for cause:
   if judge has personal knowledge of facts; physical impairment/unable to properly conduct proceedings, substantial doubt as to capacity to be impartial.

Question 14

When and how does each party submit proposed jury instructions

Answer 14

Jury instructions:

1) Ea. pty submit proposed jury instructions to judge (written) before 1st witness is sworn.
2) Additionally proposed instructions allowed BEFORE closing if NEW evidence intro. Issues not addressed earlier.

Question 15

What is required for a verdict in CA / Fed Court?

Answer 15

Verdict: ¾’s rule- unanimity not req’d.

General = favor of one pty w/o reason.

Special (disc) = factual findings – judge applies law.

Hybrid = general + responses to spec questions that disclose basis of decision.

[F] unanimous