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Trial Outline

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This is an extract of our Trial document, which we sell as part of our Civil Procedure Outlines collection written by the top tier of Harvard Law School students.

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1. The Seventh Amendment Right to Trial by Jury a. Right to trial by jury for all suits over $20; no fact determined by jury may be reexamined in court b. 7th amendment doesn't apply to states - some civil code states a. Hypo - change $ limit? Word "preserved" in amendment indicates a desire not to change limit. Traditional historical test based on division of courts of law and equity. b. No jury trials in cases for equitable relief except when intertwined with legal issues. i. Teamsters v. Terry (US 1990) p.565

1. Involved a backpay suit against union for breach of fair representation in a collective bargaining agreement. Since the matter involved both equitable and legal issues (injunctive relief against union to enforce collective bargaining agreement & money damages for backpay), the plaintiff had a 7th amendment right to a jury trial.

2. Brennan concurring opinion - should get rid of historical test, just give jury trial for all legal issues

3. Kennedy dissent - fair representation is an equitable action that shouldn't have a jury under the historical test c. Complex litigation i. 7th amendment preserves the right to jury trial for complex litigation, although judge may appoint a "competent" fact finder. In re U.S. Financial Securities Litigation (9th Cir. 1980) p. 587. But see In re Japanese Electronic Products Antitrust Litigation (3rd Cir. 1980) (holding that a case may be so complex that it cannot go to a jury on basis of 5th amendment right to due process). p. 585.

2. The Phases of a Trial a. FRCP 47: Jury selection i. Historically the jury had intimate knowledge of facts. Modern juries have no knowledge of case. ii. 47(a) - court, attorneys and/or the parties may examine jurors. iii. 47(b) - Each side gets three preemptory challenges to jurors (don't need cause). iv. 47(c) May strike juror for cause (i.e. involvement in case, relative of D, etc). v. 48(a) - Constitutional minimum of 6 jurors; most trials have 12 out of fairness concerns. b. Opening statements i. Roadmap for presentation of evidence c. Presentation of evidence i. Party with burden of proof goes first - usually plaintiff

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