Trials

Question 1

What do you need to have in order to have a right to trial by jury in fed cts?

Answer 1

• a right under the 7th Amend.
• for suits in common law
  
  • nature of the remedy
  • nature of the claim
• value exceeds $20

Question 2

What does it mean to have “suits in common law”

Answer 2

1. Nature of theremedy AND
   
   • when you are seeking monetary relief (damages) but not if just injunctive relief alone
   • if seeking both monetary (damages) & injunctive (equitable) relief any issue of fact underlying a damages claim even if the resolution of the issue may support injunctive relief
   • NOTE - the right gurantees you a trial by jury
2. Nature of the claim
   
   • depends whether the cause of action can be analogize to a claim that would of been actionable in a 1791 common law ct

Question 3

How do you exercise your right to a jury trial?

Answer 3

• Any pty can exercise it
• HOW
  
  • file a written demand w/the ct
  • serve it on all other pty
  • Must be filed w/in 14 days after the last pleading directed to the “jury-eligible” issue
    
    • pleadings - complaint & answers; sometimes reply to answers is allowed
• Waiver
  
  • if written demand not filed in a timely fashion, right to a jury is waived

Question 4

What is the composition of a jury?

Answer 4

• Size - 6-12 members
• Selection — Voir dire - ct ask questions
  
  • Challenges
    
    • Challenege for Cause
      
      • believes the juror is someway unfit
        
        • i.e. - bias
    • Peremptory Challenge
      
      • each pty has 3
      • automatically excused w/o explaination unless that strike raises an inference of racial/gender discrimination
        
        • if so, you have to provide a nondiscriminatory explaination

Question 5

What are jury instructions?

Answer 5

• judge instruction jury on law applicable to the alledged claims
• any pty may propose particular instructions no later than the close of all evidence
• Any pty can object to an instruct BUT must be before the jury begins any deliberation

Question 6

What are jury verdicts?

Answer 6

• Generally, in fed ct it must be unanimous BUT ptys can decide otherwise
• TYPES of verdicts:
  
  • General verdict - P or D wins
  • Special verdict
    
    • judge instructs the jury on paper to answer specific questions
  • General verdict with specific questions
    
    • says who wins
    • specific how they got to that result
    • IF these are INCONSISTENT, judge can:
      
      • order a new trial
      • order redeliberation
      • enter the verdict appropiate to the answers

Question 7

What is a bench trial?

Answer 7

• tried before a judge
• the ct must find the facts specially
  
  • the ct must state its finding regarding the facts in dispute
  • only applies to trials not SJ

Question 8

What are partial judgments in bench trials?

Answer 8

If during trial, after the pty has been heard, the ct deems the pty lack sufficient evidence to prevail on a claim, the ct can enter judgment on that claim alone & leave the rest to the trial

• this facilitates interlocutory appeals

Question 9

What is a Motion for Judgment as a matter of Law “JML”?

Answer 9

Rule 50(a)

• happens during trial
• may be enter by the ct or @ request of a pty
• APPROPIATE WHEN
  
  • the pty against whom judgment is entered has been fully heard on an issue AND
  • the pty lacks sufficient evidence to prevail on an necessary to a particular claim/defense
    
    • the ct will assume all the non-movant’s ptywitnesses are truth tellers & not weigh it