TRIAL & VERDICT

Question 1

Jury Trial

Answer 1

If we have a jury, it determines the facts and returns the “verdict.”

If we don’t have a jury, the judge determines the facts (in a “bench trial”).

Question 2

what is a motion in limine?

Answer 2

A pretrial motion to decide whether the jury should hear certain evidence.

Question 3

Right to jury trial in federal court

Answer 3

Seventh Amendment preserves the right to jury in “civil actions at law,” but not in suits at equity.

Question 4

What if a case involves both law and equity? Suppose a case involves a claim for damages (legal relief) and for an
injunction (equitable relief).

Answer 4

The jury decides the facts underlying the damages claim, but not the equity claim

Question 5

In what order will the trial usually proceed?

Answer 5

Try jury issues first

Question 6

Does the Seventh Amendment apply in state court?

Answer 6

No

Question 7

How to obtain a jury & timing

Answer 7

Must demand the jury in writing no later than 14 days after service of the last pleading raising jury triable issue. If you don’t, you waive the right to a jury.

Question 8

“Voir Dire”

Answer 8

In the jury selection process (“voir dire”), each side might ask the court to strike (remove) potential jurors.

Question 9

There are two kinds of challenges to jurors:

Is there a limit to each of these

Answer 9

1. “For cause” – e.g., potential juror will not be impartial.
   
   • No limit
2. “Peremptory” – historically, one did not need to state a reason – you just dismiss the potential juror.
   
   • 3 per side

Question 10

How may peremptory strikes be used and why?

Answer 10

Peremptory strikes may only be used in a race and gender-neutral manner.

Because jury selection is State action

Question 11

How many jurors are on a civil jury in federal court?

Answer 11

Minimum 6; Maximum 12

Question 12

Unless the parties agree otherwise, what jury vote is required for a verdict?

Answer 12

Unanimous

Question 13

Jury instructions

Answer 13

The jury decides facts, but is instructed on the law by the judge.

Parties submit proposed jury instructions to the judge. They do this at the close of all evidence (or earlier if the court says so).

Before final argument and instruction, the court informs the parties of what instructions it will give and of its rejection of any proposed jury instructions.

Question 14

Must the parties be allowed to make specific objections to the jury instructions and to the rejection of proposed instructions?

Answer 14

Yes - before final argument and instruction

If objections are not made before the jury is “charged” (given the instructions), the party cannot raise a problem with jury instructions on appeal.

Question 15

One exception: if a party did not object timely, a court can consider a jury instruction if it contained:

Answer 15

Plain Error that effects substantial rights

Question 16

Types of verdicts.

Answer 16

The judge determines what verdict form the jury will use.

1. General
2. Special
3. General verdict with special interrogatories

Question 17

General verdict

Answer 17

This jury says who wins and, if P wins, what the relief is. The clerk of court then enters the judgment on the general verdict.

Question 18

Special verdict

Answer 18

Here, the jury answers specific questions about the facts in dispute. The judge then reaches legal conclusions based on the facts found.

Question 19

General verdict with special interrogatories

Answer 19

Here, the jury gives a general verdict but must also answer specific question submitted to it. The questions ensure that the jury considered the important issues.

Question 20

If the jury returns a general verdict, who enters the judgment?

Answer 20

Clerk of the Court

Question 21

If the jury returns a special verdict or general verdict with special interrogatories and the answers are consistent with each other and with the verdict, what happens?

Answer 21

The judge approves the judgment, and the clerk enters it

Question 22

What happens if the verdict shows that the jury did not follow instructions or it is internally inconsistent (e.g., answers to questions are inconsistent with result)?

Answer 22

No judgment can be entered

The court can then instruct the jury to reconsider its answers or, if reconsideration won’t fix the problems, it can order a new trial.

Question 23

Juror misconduct

Answer 23

The court can set aside the verdict and order a new trial.

A verdict may be “impeached” based upon “external” matters. So if jurors were bribed, or based the verdict on their investigation of matters outside of court instead of the evidence at trial, a new trial can be ordered. Non-jurors may give first-hand evidence of such things.

BUT a juror cannot testify about things occurring or statements made during jury deliberations – except to show “extraneous prejudicial information” or “outside influence.”

Question 24

Can a new trial be ordered on the basis of a juror’s testimony that another juror was on drugs during deliberations or lied during jury selection to hide his bias?

Answer 24

No - these are intrinsic matters and juror’s testimony cannot be considered

And a verdict will not be set aside if the misconduct was harmless – juror chatted for a moment with P about the weather (not the case).

Question 25

When there is no jury (either Seventh Amendment did not apply or the parties waived the right to jury trial), who determines the facts at trial?

Answer 25

The judge

Question 26

What must the judge record in a bench trial?

Answer 26

1. Findings of fact
2. Conclusions of law separate from the findings of fact
3. The judgment