9) Trial Flashcards
(47 cards)
trial by jury: rule
7th am:
1) “in suits at CL”
2) where value in controversy exceeds $20
note: congress could expand
trial by jury: “in suits at CL” elements
1) nature of remedy
2) nature of claim
trial by jury: “in suits at CL”: nature of remedy
can have right to jury if MONETARY (not injunctive) relief is sought.
Even if there’s also claim for injunctive relief, jury right exists for any issue of fact underlying a damages claim (even if resolving that issue might support injunctive relief)
trial by jury: “in suits at CL”: nature of the claim
type of claim that would have been actionable in 1791, OR can be fairly nalogized to claim that would have been actionable then
right to jury: who?
any party can demand jury
right to jury: how?
file + serve written jury demand
right to jury: dl
must file jury demand no later than 14 days after last pleading (complaint/answer/reply) directed to the jury-eligible issue
right to jury: waive
if you don’t timely file/serve the written demand, forfeit right to jury
jury: how many ppl?
6-12
jury: selection: kinds of challenges
1) challenge for cause
2) peremptory challenge
jury: selection: challenge for cause: rule
unfitness to serve (most common: confessed or likely bias).
unlimited number
must articulate nature of juror’s unfitness
jury: selection: peremptory challenge: rule
each side gets 3
automatic dismissal, dnn articulate reason UNLESS
strikes give rise to inference of racial/gender discrim. Then, must give nondiscrim explanation for strike
jury instructions: timing to propose
any party can propose
no later than close of all evidence
jury instructions: timing to object
any party can object
must do so before jury starts deliberating
jury: what %? (+ exception)
must be unanimous
exception: parties stipulate otherwise
jury: types of verdicts
1) general verdict
2) special verdict
3) hybrid
jury: verdicts: general verdict (def)
statement that P or D wins
jury: verdicts: special verdict (def)
court asks j to answer specific fact qs
jury: verdicts: hybrid (def)
court asks j for both general verdict and special
jury: verdicts: hybrid: what if general and special conflict?
judge can:
1) order new trial or
2) send jury back to re-deliberate or
3) special verdict trumps
bench trial
must include “special” findings of fact separate from conclusions of law (only at trials)
partial judgment:
after party fully heard on an issue, court can determine not enough evidence ot prevail on particular claim, can enter judgment on just that claim
mxn for judgment as matter of law: JML: who initiates
sua sponte or on mxn of party
can be by individual claim
JML: rule
1) party against whom judgment is entered has been fully heard on an issue AND
2) party lacks sufficient evidnece to prevail on an issue nec to particular claim or defense
(like sj: assume credibility + dn weigh the evidence)
