Helix BBQ: Civ Pro-Right to a Jury Trial, Jury Selection, Jury Verdicts

What is the amount in controversy needed to trigger the Seventh Amendment right to a jury trial?

B.More than $20.

Solution: The correct answer is B.

Answer option B is correct. The Seventh Amendment right to trial by jury applies to claims where the amount in controversy exceeds $20.

 

Which of the following statements about a right to a jury trial in a civil case is accurate?

C.Statutes can provide a right to a jury trial even where one is not constitutionally guaranteed.

Solution: The correct answer is C.

Answer option C is correct. A federal substantive statute can provide a right to a jury trial even where one is not guaranteed by the Seventh Amendment.

 If a right to a jury trial in a civil case exists, which of the following is true?

D.A party must demand its right be invoked for a jury to be empaneled.

Solution: The correct answer is D.

Answer option D is correct. A party waives its right to a jury trial in a civil case unless the party makes a properly served and filed demand to invoke it.

How many challenges for cause can each party in a case make towards prospective jurors?

A.An unlimited amount.

Solution: The correct answer is A.

Answer option A is correct. A party can make an unlimited number of juror challenges for cause.

A peremptory juror challenge based on which of the following would be unconstitutional?

D.Gender.

Solution: The correct answer is D.

Answer option D is correct. Peremptory challenges based on gender and race are unconstitutional.

Under the rules, what are the default requirements for a jury verdict in a civil trial held in a federal district court?

C.The verdict must be unanimous and returned by a jury of at least six members.

Solution: The correct answer is C.

Answer option C is correct. Under Rule 48, jury verdicts must be unanimous and must be returned by a jury of at least six members (unless the parties agree otherwise).

Which of the following is true of jury instructions?

C.They must be given by the judge orally to the jury.

Solution: The correct answer is C.

Answer option C is correct. The trial judge is required to instruct the jury orally on the applicable law relevant to its fact finding.

After a jury issues its verdict, one party wishes to file an appeal on the ground that the trial court erred in giving a certain jury instruction. The party does not contend that the alleged error was a plain error.

Under what circumstances would the party be permitted to file such an appeal?

D.Only where the party had objected to the alleged error before the court instructs the jury.

Solution: The correct answer is D.

Answer option D is correct. A party who wishes to appeal on the ground that the court committed an error in a jury instruction must have preserved the issue by objecting before the court instructed the jury and given reasons for the objection. Failure to object will result in the party losing its right to raise the error on appeal, unless the error constitutes a plain error that affects the party’s substantial rights.

What comprises a special verdict returned by a jury?

B.The jury’s findings on all factual issues submitted to it before deliberations.

Solution: The correct answer is B.

Answer option B is correct. When the court orders a special verdict, the jury responds to a list of written questions that requires the jury to set forth a finding on each factual issue submitted to it. A party must demand that any issue of fact that is raised by the pleadings or evidence be submitted to the jury before the jury retires for deliberations; a party will be deemed to have waived the right to a jury trial on any factual issue for which no such demand is made.

If a jury returns a general verdict with answers to written questions and some of the written answers to the questions conflict with the general verdict, the court may take certain actions.

Which of the following is NOT an action that the court may take?

A.Issue judgment consistent with the general verdict.

Solution: The correct answer is A.

Answer option A is correct. If the jury issues a general verdict with answers to written questions and at least one of the answers is inconsistent with the general verdict, the court may: issue judgment consistent with the written answers notwithstanding the verdict, require the jury to continue to deliberate to further consider its answers and verdict, or order a new trial.