Jury Trials Flashcards

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1
Q

What Amendment involved juries? Describe.

A

7th Amendment

  • Right to trial by Jury
  • Jury must have AT LEAST 6 Members (max of 12 Jurors) – UNLESS the Parties stipulate a different number
  • Jury’s Verdict must be UNANIMOUS – UNLESS the Parties stipulate otherwise
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2
Q

When must the demand for a jury trial be made?

A

demand for a jury trial be made WITHIN 14 Days after service of the LAST Pleading

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3
Q

In a case, if Plaintiff seeks ONLY equitable relief, does he have the right to a Jury trial?

A

= NO, there’s no right to Jury Trial for actions based in equity (e.g., seeking an injunction)

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4
Q

In a case, if Plaintiff seeks BOTH legal damages ($) AND equitable relief, how must those be addressed?

A

In a case, if Plaintiff seeks BOTH legal damages ($) AND equitable relief…

  1. FIRST, the Legal Damages issue must be tried by a Jury
  2. SECOND, the Equitable claim must be settled by the Judge
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5
Q

Withdrawing a Demand

A

= if ALL Parties consent, then Demand MAY be withdrawn

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6
Q

State Trials

A
  • there’s NO right to Jury Trial in State Trials
  • # of Jurors varies by State
  • Verdict does NOT need to be unanimous
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7
Q

In Jury Selection, what are the ways to Dismiss a potential Juror?

A

In Jury Selection, the TWO ways to Dismiss a potential Juror are…

  • #1) Dismiss For Cause
    • if potential Juror shows any bias OR connection to the case
    • *NO limit to how many times can dismiss jurors for cause
  • #2) Preemptory Challenge
    • dismissal for ANY REASON
    • *limit of 3 dismissals here
    • *CANNOT dismiss based on Race / Gender
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8
Q

Balanced Pool of Jurors

A

= the Juror pool must be representative of overall community

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9
Q

Objecting to Jury Instructions

A

= if a Party wants to object to the Judge’s Jury Instructions → MUST object BEFORE the Jury retires to begin its deliberation

*if Party doesn’t object, it waives objection for appeal

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10
Q

What’s allowed / not allowed in Jury Deliberations?

A

Allowed → papers, notes, exhibits

NOT Allowed → anything that’s not introduced into evidence

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11
Q

Juror Conduct

A

Juror Conduct…

  1. CANNOT conduct experiments or studies outside Jury Room
  2. CANNOT talk to non-Jurors about the trial
  3. **if Juror violates → could be deemed “trial misconduct” OR Judge may order new trial
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12
Q

Prejudicial Information

A

If Court finds out that a Juror was getting outside prejudicial information…

→ Court MAY order new trial

*but if there was inside Juror prejudice, Court will NOT set Verdict aside

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13
Q

New Trial for Post-Trial Bias

A

Court will order a new trial due to post-trial bias IF…

  1. Juror failed to honestly answer a material question, AND
  2. a correct answer would have led to a valid challenge
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