Jury Trials

Question 1

Right to a Jury Trial

Answer 1

The right to a jury trial in a civil action can be conferred by state and is guaranteed by the Seventh Amendment to the U.S. Constitution

Question 2

Right to a Jury Trial: Claims in Law v. Equity

Answer 2

Equitable actions (e.g. injunction rather than $) are not triable by a jury as a matter of right

Question 3

Right to a Jury Trial: Making the Request

Answer 3

• The demand for a jury trial must be made within 14 days after the service of the last pleading directed to the triable issue.
• The moving party must also serve on other parties a written demand for a jury trial.
• Therefore, if the demand is not timely filed and served, the right to a trial by jury is forfeited

Question 4

Advisory Juries

Answer 4

Even in an action where there is no right to a jury, the court on motion or on its own, may try an issue with an advisory jury.

Question 5

Jury Selection (Voir Dire)

Answer 5

During the voir dire, the court may conduct the examination or permit attorneys to directly question prospective jurors.

Question 6

Purpose of Voir Dire

Answer 6

To explore germane factors that might expose a basis for challenge.

Question 7

Challenges for Cause

Answer 7

Include:

• general disqualification
• implicit bias
• actual bias

Question 8

Challenges for Cause: General Disqualification

Answer 8

A person may lose the right to sit on any jury because of a felony conviction or some other inherent disqualification.

Question 9

Challenges for Cause: Implied Bias

Answer 9

Potential jurors may be removed if the attorney believes a bias may exist

Question 10

Challenges for Cause: Actual Bias

Answer 10

Jurors may be removed for cause if they indicate during voir dire that they would use predetermined beliefs or principles to decide the case instead of deciding the case based upon the facts.

Question 11

Peremptory Challenges

Answer 11

In federal court, each party may exercise three peremptory challenges to excuse jurors without having to state the reason before the court.

Question 12

Improper Peremptory Challenges (Batson Challenge)

Answer 12

Peremptory challenges may not be used to exclude jurors on the basis of race or gender.

Question 13

Jury Instructions

Answer 13

Any party may:

• propose particular instructions no later than the close of all evidence
• object to any instruction before the jury begins deliberations (however, if parties are informed of what instructions will be before they are read to jury, objections must be made before closing arguments).

Question 14

Jury Verdicts: Unanimity

Answer 14

Jury verdicts must be unanimous unless the parties stipulate otherwise. Parties may even stipulate to a verdict returned by less than six jurors.

Question 15

General Verdict with Specific Questions (Inconsistency)

Answer 15

If the verdict and answers to the specific questions are inconsistent, the judge can:

• order a new trial
• order the jury to re-deliberate; or
• enter the verdict appropriate to the specific answers