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Freed v. Erie Lackawanna Ry. Co., 445 F.2d 619 (6th Cir. 1971).
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1In a federal jury trial, does the jury typically decide issues of fact?
In a federal jury trial, does the jury typically decide issues of fact?2Does a federal jury normally decide matters of law?
Does 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?
What 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?
Does the Seventh Amendment right to a jury trial apply to legal claims?5What are legal claims, as opposed to equitable claims?
What 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...
In 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 when the Seventh Amendment was ratified?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...
In 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 exist when the Seventh Amendment was ratified?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 ...
If 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 tried?9May a federal statute confer a jury-trial right that is independent from the Seventh Amendment?
May 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?
Do 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?
If 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?
If 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?
What 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?
Can 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,...
If 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, how will the courts interpret the scope of the demand?16Can a party in a federal civil case unilaterally withdraw a proper jury demand?
Can 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...
A plaintiff sued a defendant in federal court over a business dispute. The plaintiff sought recovery on three separate claims. The first claim sought money damages for intentional interference with contractual relations, the second claim sought money damages for negligent misrepresentation, and the third claim sought specific performance of a contract. The plaintiff had the right to a jury trial on the first and second claims but not the third. The plaintiff filed a timely jury demand, which stated, “The plaintiff hereby demands a jury trial.” At a pretrial conference, the defendant argued that the jury demand was improper, because the plaintiff failed to specify on which claims the plaintiff sought a jury trial. Was the plaintiff’s jury demand proper despite its failure to specify the claims on which the plaintiff sought a jury trial?18A plaintiff sued a defendant in federal court, alleging defamation and seeking money damages. After the defendant filed the answer, the parties spe...
A plaintiff sued a defendant in federal court, alleging defamation and seeking money damages. After the defendant filed the answer, the parties spent the next four months conducting discovery. Neither the complaint nor the answer included a demand for a jury trial, and neither party filed additional pleadings. Six months after the defendant filed the answer, the defendant filed a written demand for a jury trial. The judge then issued an order rejecting the defendant’s jury demand. Assuming that the constitutional right to a jury trial applies to the plaintiff’s claim, could the judge properly reject the defendant’s demand for a jury trial?19A plaintiff sued a defendant in federal court, alleging negligence. The plaintiff’s complaint included a demand for trial by jury. The defendant an...
A plaintiff sued a defendant in federal court, alleging negligence. The plaintiff’s complaint included a demand for trial by jury. The defendant answered the complaint but did not make a demand for a jury trial. One month before trial, the plaintiff filed a motion to withdraw the jury demand. The plaintiff stated that discovery revealed the case to be less complicated than the plaintiff thought and that it would be a waste of resources to convene a jury to hear the case. The defendant opposed the motion. May the court allow the plaintiff to withdraw the jury demand?20What is a venire?
What is a venire?21The members of a federal venire must be selected at random from what pool of people?
The 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?
No 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?
How many jurors must be seated on the jury at the start of a federal civil case?24What is voir dire?
What is voir dire?25In a federal civil case, who may question prospective jurors?
In a federal civil case, who may question prospective jurors?26In jury selection, may the parties seek to exclude prospective jurors from the jury?
In jury selection, may the parties seek to exclude prospective jurors from the jury?27In jury selection, what is a challenge for cause?
In jury selection, what is a challenge for cause?28How many challenges for cause is a party allowed to make in a federal civil case?
How 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?
If a party challenges a prospective juror for cause, must the judge excuse that prospective juror?30In jury selection, what is a peremptory challenge?
In 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?
If 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?
How 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?
A 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?
Can 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?
What 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?
During 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 ...
A grocer sued a supplier in federal court, alleging that the supplier breached a contract by shipping defective produce to the grocer. During voir dire, the supplier’s attorney questioned a prospective juror who said that the juror’s father once owned a grocery store that might have had occasional problems with its suppliers. The supplier’s attorney challenged the prospective juror for cause. Under additional questioning by the judge, the prospective juror stated that she was unsure about the details of her father’s problems. She also declared that she believed she could be an impartial juror. The judge believed that the juror could indeed be impartial.Is the judge required to excuse the prospective juror based on the supplier’s challenge?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...
A 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 toys. During jury selection, the manufacturer used two peremptory challenges to excuse prospective jurors. The questioning of these prospective jurors on voir dire had revealed that they each had young children. The manufacturer made a third peremptory challenge to another prospective juror who had young children. The plaintiff objected to the challenge, arguing that the manufacturer’s challenge was unlawfully based on the prospective juror’s family status. The plaintiff asked the judge to require the manufacturer to provide a nondiscriminatory reason for its peremptory challenge. Must the judge require the manufacturer to give a reason for its peremptory challenge?39What are jury instructions?
What are jury instructions?40In a federal civil case, may a party ask the judge to give particular jury instructions?
In 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?
At 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?
Under 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?
May a party object to a jury instruction?44May a party object to the court’s failure to give a requested jury instruction?
May 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?
By 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?
By 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?
At 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?
What 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?
In 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 ...
If 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 court’s failure to give the instruction?51In the context of jury instructions, what is plain error?
In 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...
If a court commits a plain error regarding jury instructions, may an appellate court ever consider that error if no party has preserved an objection to that error?53A plaintiff sued a defendant in federal court, alleging personal injury. Before the parties’ final arguments, and before instructing the jury, the ...
A plaintiff sued a defendant in federal court, alleging personal injury. Before the parties’ final arguments, and before instructing the jury, the judge gave the attorneys the jury instructions and asked if they had any objections. One of the instructions said that the jury could award punitive damages if it found by “the substantial weight of the evidence” that the defendant acted with malice. This instruction misstated the applicable law, but neither attorney objected. The court later gave this instruction to the jury. Giving the instruction was in error, but it was not a not plain error. The jury awarded the plaintiff $100,000 in punitive damages.On appeal, may the defendant assign the judge’s instruction on punitive damages as error?54In a federal trial, the plaintiff properly requested a jury instruction, drafted by the plaintiff, regarding the credibility of witnesses. On the r...
In a federal trial, the plaintiff properly requested a jury instruction, drafted by the plaintiff, regarding the credibility of witnesses. On the record, the judge refused to give the plaintiff’s requested instruction and stated that the court would give its own credibility instruction. The judge then instructed the jury on witness credibility using different language from that requested by the plaintiff. At no point did the plaintiff make any objections regarding the requested instruction. The judge’s handling of the instruction was not plain error. The plaintiff lost at trial and then appealed. Can the plaintiff assign as error the court’s refusal to give the plaintiff’s requested instruction?55The Seventh Amendment right to a jury trial applies to ________claims, but not to ________ claims.
The 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 ...
To 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 last pleading relating to the issue.57A federal civil jury must begin with at least ________ members and no more than _________ members.
A 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?
At what point must a party object to jury instructions if the party did not previously know of the instruction or the refusal to instruct?