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1In a federal jury trial, does the jury typically decide issues of fact?
2Does a federal jury normally decide matters of law?
3What is the scope of the civil right to a jury trial contained in the Seventh Amendment to the U.S. Constitution?
4Does the Seventh Amendment right to a jury trial apply to legal claims?
5What are legal claims, as opposed to equitable claims?
6In deciding whether a claim carries the right to a jury trial, what analysis does the federal courts generally use if the claim is one that existed...
7In deciding whether a claim carries the right to a jury trial, what analysis does the federal courts generally use if the claim is one that did not...
8If a case tried to a jury includes both legal and equitable claims, and those claims share common issues of fact, in what order must the claims be ...
9May a federal statute confer a jury-trial right that is independent from the Seventh Amendment?
10Do the Federal Rules of Civil Procedure incorporate the right to trial by jury?
11If a claim includes the right to a trial by jury, can the parties nonetheless try that claim before a judge, without a jury?
12If a party in a federal civil case is entitled to a jury trial, what procedure must the party follow to exercise that right?
13What is the time limit for making a jury demand in a federal civil case?
14Can a party include a jury demand in that party’s pleading?
15If a case includes multiple issues that are triable to a jury, but a party’s jury demand does not specify on which issues a jury trial is demanded,...
16Can a party in a federal civil case unilaterally withdraw a proper jury demand?
17A plaintiff sued a defendant in federal court over a business dispute. The plaintiff sought recovery on three separate claims. The first claim soug...
18A plaintiff sued a defendant in federal court, alleging defamation and seeking money damages. After the defendant filed the answer, the parties spe...
19A plaintiff sued a defendant in federal court, alleging negligence. The plaintiff’s complaint included a demand for trial by jury. The defendant an...
20What is a venire?
21The members of a federal venire must be selected at random from what pool of people?
22No person may be excluded from federal jury service based on which six protected characteristics?
23How many jurors must be seated on the jury at the start of a federal civil case?
24What is voir dire?
25In a federal civil case, who may question prospective jurors?
26In jury selection, may the parties seek to exclude prospective jurors from the jury?
27In jury selection, what is a challenge for cause?
28How many challenges for cause is a party allowed to make in a federal civil case?
29If a party challenges a prospective juror for cause, must the judge excuse that prospective juror?
30In jury selection, what is a peremptory challenge?
31If a party makes a peremptory challenge to a prospective juror, must the judge typically excuse that prospective juror from service?
32How many peremptory challenges is each party allowed in a federal civil case?
33A party is constitutionally barred from making peremptory challenges that are based on which three protected characteristics?
34Can one party object if it believes that another party is making biased use of peremptory challenges?
35What is the burden-shifting procedure for raising and evaluating objections to a party’s use of peremptory challenges?
36During a trial, including jury deliberations, on what basis may the court excuse a juror from service?
37A grocer sued a supplier in federal court, alleging that the supplier breached a contract by shipping defective produce to the grocer. During voir ...
38A plaintiff sued a toy manufacturer in federal court, alleging that the plaintiff’s three-year-old child was injured by one of the manufacturer’s t...
39What are jury instructions?
40In a federal civil case, may a party ask the judge to give particular jury instructions?
41At what point in a federal civil trial must a party normally submit its requested jury instructions?
42Under the Federal Rules of Civil Procedure, may a party ever submit requested jury instructions after the close of the evidence?
43May a party object to a jury instruction?
44May a party object to the court’s failure to give a requested jury instruction?
45By what point in the case must the court tell the parties what jury instructions it intends to give?
46By what point in the case must the court give the parties an opportunity to object to the jury instructions?
47At what point must a party object to a jury instruction or a failure to give a jury instruction if the objection is to be considered timely?
48What is an assignment of error?
49In general, may a party assign error in a jury instruction given by the court if the party did not make a timely and proper objection?
50If a party requests a jury instruction, and the court fails to give that instruction, under which two conditions may the party assign as error the ...
51In the context of jury instructions, what is plain error?
52If a court commits a plain error regarding jury instructions, may an appellate court ever consider that error if no party has preserved an objectio...
53A plaintiff sued a defendant in federal court, alleging personal injury. Before the parties’ final arguments, and before instructing the jury, the ...
54In a federal trial, the plaintiff properly requested a jury instruction, drafted by the plaintiff, regarding the credibility of witnesses. On the r...
55The Seventh Amendment right to a jury trial applies to ________claims, but not to ________ claims.
56To preserve the right to a jury trial, a party must serve a written jury demand on the other parties within ________ days after the service of the ...
57A federal civil jury must begin with at least ________ members and no more than _________ members.
58At what point must a party object to jury instructions if the party did not previously know of the instruction or the refusal to instruct?
All flashcards
58 cards