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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 University Of Michigan Law School students.

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TRIAL a. Trial by Jury

In order to get a jury trial, two conditions must be met:?

(1) At least one party asks for a jury in writing under Rule 38 or Rule 5(d) within 14 days. (2) It is a case of the sort in which parties are entitled to a jury (i.e., not in equity, allowed by CL in 1791, or otherwise provided by statute).

The right to trial by jury is waived unless it is timely demanded and properly served. Once a jury trial is granted, it may only be withdrawn with both parties' consent. i. 7th Amendment?Not all cases are triable by jury (in equity, less than $20 in dispute, or if the right of action was created after 1791). The test: o Would a jury have been allowed under CL in 1791?
o Is there an analogous case to reference?
o If there is no analogy, then the court looks at the type of remedy requested. If there is a blend of equitable and legal claims, the judge should let the jury decide first, and then make his own determination on the questions of equity. ii. Rule 38: Right to Trial by Jury?

(b) Demand: a party may demand a jury trial by serving the other party its written demand no later than 14 days after the last pleading has been submitted. (c) Specifying Issues: a party may specify which issues it wants tried by the jury. If party A wants a jury trial on some issues and party B wants a jury trial on all issues, B may request a jury trial on all issues within 14 days of being served A's request for a jury trial. iii. Rule 47: Jury Selection

1. Voir Dire

This is an opportunity for judges and attorneys to vet potential jurors.
? If a juror is dishonest during voir dire, an attorney may get a new trial by showing: o A juror failed to answer a material question honestly during voir dire and o A correct response would have provided a valid basis for challenging that juror (not harmless).

2. Peremptory Challenges?

Rule 47(b): Per 28 USC SS 1870, parties get up to three peremptory challenges to strike jurors at their whim. Even though a party need not explain its basis for using a peremptory challenge, it may not use a peremptory challenge on the basis of race or gender. If the other party suspects a pattern in the use of peremptory challenges, it may make a Batson Challenge, which forces the other party to articulate a non-race or gender-based reason for challenging jurors.

3. Challenges for Cause?

Parties may make unlimited challenges for cause, if they can show the juror is biased against their party due to the subject matter, or if the juror has too much prior knowledge. It is not sufficient that a juror merely be biased; it must also somehow impede the juror's ability to follow the court's instructions and make an impartial decision in light of the evidence.

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