Right To A Jury Trial

FRCP 38(b)(d)

(a) Right Preserved. The right of trial by jury as declared by the Seventh Amendment to the Constitution—or as provided by a federal statute—is preserved to the parties inviolate. (b) Demand. On any issue triable of right by a jury, a party may demand a jury trial by: (1) serving the other parties with a written demand—which may be included in a pleading—no later than 14 days after the last pleading directed to the issue is served...A party waives a jury trial unless its demand is properly served and filed.

Tull Test

-The 7th amendment preserves only the essential elements of the right to a jury If you have any kind of public nuisance case, a court may find a right to a jury just to find if you were liable for that claim, but a judge is going to decide the civil penalties.

Statutory Claims- Post 1791 Claims (Terry)

7th amendment applies to statutory claims created after 1791. Cases gone to an common law court in 1791= Right to a jury Cases gone to an equity court in 1791- No right to a jury To decide whether a party has the right to a jury for issues involving statutory claims, consider 1) Nature of the claim compared to claims that existed in 1791 2) Nature of the remedy (legal or equitable) ***Second factor is more important

Money like restitution (or removing defendant's gain) goes to

A judge

Money like damages goes to

A jury

2 exceptions to the 7th amendment requirements

Atlas Public Rights Test Tull Test

Atlas Public Rights Test

Congress creates new public rights and can create administrative decision maker

Equitable and Common Law Issues Joined (Beacon)

Determine jury right issue by issues. If a case includes both legal (treble damages) and equitable issues (injunction) and a common underlying issue (antitrust violations), the jury extends the right to legal and common issues.

Reasons to strike a juror PEREMPTORY CHALLENGE

Generally, do not need a reason to dismiss a juror Federal: 3 strikes per side State: Fixed number by statute Exceptions: Can't dismiss because of race or gender

Policy of Beacon

If common issues were not subject to the jury right, courts could decide common issues and equitable remedies first and effectively deny the jury right.

Reasons to strike a juror FOR CAUSE

If the juror has a close connection with any of the parties/witnesses When they have such fixed opinions that they could not judge impartially the guilt of the defendant Unlimited

7th Amendment

In suits at common law, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Venire

Jurors summoned for duty (representative cross-section of the community)

Rule 48(b)

Need a unanimous verdict unless otherwise stipulated

Policy of Tull test

Parties are not entitled to the procedural niceties of jury Financial penalty for violating a federal statute Money going to the government not the plaintiff The assessment of civil penalties involves application of a number of discretionary statutory factors which are more appropriate for a judge to decide.

Voir Dire

The process by which a jury is selected; usually conducted by lawyers, but sometimes judges

Policy of Terry

To allow the seventh amendment to have a meaning in modern litigation, which involves thousands of statutory claims, the Court extends the jury rights to statutory claims.

Historical Test (Beacon and Terry) 1791

Where would you have taken the suit in 1791? Focus on the remedy sought by plaintiff. Compensatory damages went to common law courts. Injunctions went to equity courts.