- What is the proper term for the jury in this scenario, and what is the legal effect of its verdict? Select one.
Answer: It is an advisory jury, and its verdict is not binding on the court.
The correct answer is C. Federal Rule of Civil Procedure 39(c)(1) allows a court, in an action not triable of right by a jury, to try any issue with an advisory jury on its own initiative. Because the claim is purely equitable (unjust enrichment), there is no right to a jury trial. The judge's decision to empanel a jury on her own motion creates an advisory jury. The verdict of an advisory jury is, as the name implies, purely advisory and is not binding on the judge, who remains the ultimate finder of fact.
- Have you preserved your client's right to a jury trial on the issues raised in your affirmative defense? Select one.
Answer: Yes, because a party may rely on another party's general jury demand for all issues triable by a jury.
The correct answer is C. Under Federal Rule of Civil Procedure 38(d), a proper jury demand, once made by any party, preserves the jury trial right for all parties on all issues covered by the demand. A general demand, as is typical, covers all issues so triable. Therefore, a defendant can rely on the plaintiff's demand and does not need to file a duplicative one. The plaintiff's demand preserves the right for the entire case, including issues raised by the defendant's answer and affirmative defenses.
- What is the defendant's best argument for avoiding a jury trial on the issue of damages? Select one.
Answer: The defendant has no valid argument to avoid a jury trial on the damages claim.
The correct answer is D. The claim for monetary damages for past patent infringement is a legal claim, triggering the Seventh Amendment right to a jury trial. The Supreme Court has not recognized a 'complexity exception' to the Seventh Amendment, so argument B is incorrect. The presence of an equitable claim for an injunction does not eliminate the jury right on the legal claim, so A is incorrect. While accounting can sometimes be equitable, an award of compensatory damages in a patent case is considered a legal remedy, making C incorrect. Therefore, despite the complexity, the plaintiff is entitled to a jury trial on the damages claim, and the defendant has no valid argument to defeat that right.
- Is the court required to honor the parties' stipulation and conduct a jury trial? Select one.
Answer: Yes, because the parties' consent creates a binding jury trial right.
The correct answer is A. Federal Rule of Civil Procedure 39(c)(2) states that in an action where a jury trial is not a matter of right (including when the right has been waived), the court may, with the consent of all parties, order a trial by jury. If the court does so, the jury's verdict has the same effect as if a jury trial had been a matter of right. While the rule uses the permissive 'may,' courts generally honor such joint stipulations. The verdict is binding, not advisory. This is distinct from a Rule 39(b) motion, which involves one party's request after waiver and broader court discretion.
- How is the court most likely to treat the plaintiff's motion? Select one.
Answer: As a motion for the court to order a jury trial in its discretion under Rule 39(b).
The correct answer is A. The plaintiff waived the right to a jury trial by failing to make a demand within 14 days of the last pleading (the answer). Amending the complaint solely to add a jury demand is not permitted. The proper procedure after a waiver is to file a motion under Federal Rule of Civil Procedure 39(b), asking the court to exercise its discretion to order a jury trial despite the waiver. Courts will typically construe a motion like the one described as a Rule 39(b) motion. The court then has discretion, which it may or may not exercise in the plaintiff's favor.
- How is the court most likely to rule on the defendant's motion to strike the jury demand? Select one.
Answer: Deny the motion, and hold a jury trial on the breach of contract claim first, with the jury's factual findings binding the court on the equitable claim.
The correct answer is C. The Seventh Amendment preserves the right to a jury trial for claims at law, but not for claims in equity. When legal and equitable claims are joined in one action, the right to a jury trial on the legal claim remains. The Supreme Court has held that any shared factual issues must be tried to the jury first, and the jury's findings are binding on the court when it later decides the equitable claim. The breach of contract claim for damages is a legal claim, so the plaintiff has a right to a jury trial on that issue. The fraudulent conveyance claim seeking rescission is equitable. Therefore, the court should deny the motion to strike and try the legal claim to a jury first.
- Which of the following statements is most accurate regarding the plaintiff's right to a jury trial? Select one.
Answer: The plaintiff now has a right to a jury trial on the damages claim, and a demand can be made even though the original pleading deadline passed.
The correct answer is B. When a statute is amended during the pendency of a case to create a right to a jury trial where none existed before (e.g., by adding a legal remedy like compensatory damages), the new right generally applies to the pending case. Courts typically allow a party to make a jury demand within a reasonable time after the amendment, recognizing that it was not possible to do so earlier. The original waiver is not held against the party because the right did not exist at that time. This situation is an exception to the strict 14-day rule.
- Which of the following correctly describes how the case should proceed? Select one.
Answer: The court will first hold a jury trial on the counterclaim for damages, and the jury's findings will be binding on the court's later resolution of the specific performance claim.
The correct answer is D. This case involves an equitable claim (specific performance) and a legal counterclaim (damages for breach). The defendant has a Seventh Amendment right to a jury trial on its legal counterclaim. When legal and equitable claims are joined, the jury must decide the legal claims first to preserve the jury trial right. Any factual issues common to both claims (such as which party breached the contract) that are decided by the jury are then binding on the judge when ruling on the equitable claim.
- May the judge strike the jury demand and order a bench trial on this basis? Select one.
Answer: No, because a party cannot be deprived of its constitutional right to a jury trial based on the complexity or perceived weakness of its case.
The correct answer is C. The Seventh Amendment guarantees the right to a jury trial in civil cases at law. Once that right has been properly invoked, a court cannot strike the demand simply because the case is complex, the evidence is weak (so long as it is sufficient to survive summary judgment), or because the judge believes a bench trial would be more efficient. The presence of a genuine dispute of material fact is precisely the situation for which jury trials exist. Striking the demand under these circumstances would violate the plaintiff's constitutional right.
- Is the insured entitled to a jury trial in this declaratory judgment action? Select one.
Answer: Yes, because the underlying dispute concerns a claim for fraud and breach of contract, which are legal issues.
The correct answer is C. The right to a jury trial in a declaratory judgment action depends on whether the right would have existed in the underlying coercive action that the declaratory judgment action anticipates. Here, the insurer is seeking a declaration of non-liability to avoid a potential breach of contract suit for damages by the insured. A breach of contract suit for damages is a classic action at law. The insurer's defense is fraud, which is also a legal issue. Therefore, the right to a jury trial is preserved for the insured.
- If the court grants the motion to bifurcate, which of the following trial plans is constitutionally required? Select one.
Answer: The jury must try the breach of contract claim first, and its factual findings on liability will be binding on the judge for the accounting claim.
The correct answer is B. This is a classic mixed legal/equitable case governed by the principles of Beacon Theatres and Dairy Queen. The Seventh Amendment right to a jury trial must be preserved. To do this, any factual issues common to both the legal claim (breach of contract) and the equitable claim (accounting) must be tried by the jury first. The jury's resolution of those common factual issues (e.g., whether a contract existed, whether it was breached) is then binding on the judge in the subsequent bench trial phase for the equitable claim.
- How should the court rule on the motion to strike? Select one.
Answer: Deny the motion, because the Supreme Court has held that the Seventh Amendment provides a right to a jury trial on the issue of statutory damages.
The correct answer is C. In Feltner v. Columbia Pictures Television, Inc., the Supreme Court held that the Seventh Amendment provides a right to a jury trial on all issues pertinent to an award of statutory damages under the Copyright Act, including the amount of the award itself. The Court found that statutory damages are a form of legal relief, analogous to common law damages. Therefore, the defendant's argument is contrary to established precedent, and the court should deny the motion to strike.
- Are the shareholder and corporation entitled to a jury trial on the claim for damages? Select one.
Answer: Yes, because the corporation's underlying claim against the directors is for damages, which is a legal remedy.
The correct answer is C. Although shareholder derivative suits are historically equitable in their procedural posture (allowing a shareholder to step into the corporation's shoes), the Supreme Court held in Ross v. Bernhard that the right to a jury trial depends on the nature of the underlying claim being asserted by the corporation. Here, the corporation's claim against the directors is for monetary damages resulting from a breach of duty. This is a legal claim. Therefore, the Seventh Amendment right to a jury trial is preserved for that claim.
- This scenario primarily concerns which aspect of the right to a jury trial? Select one.
Answer: The preservation of the right to an impartial jury as part of the Seventh Amendment guarantee.
The correct answer is C. The Seventh Amendment right to a trial by jury in civil cases is not merely a right to have a group of laypeople decide the case; it is a right to an impartial jury. The process of voir dire is designed to ensure this impartiality. A juror's failure to disclose a potentially biasing fact, like a prior employment relationship with a party, implicates the plaintiff's right to an impartial trier of fact. This issue is distinct from the procedural requirements of demanding a jury (A), the size of the jury (B), or the legal/equitable claim analysis (D).
- What is the legal effect of the parties' joint stipulation? Select one.
Answer: The stipulation is effective, and the court will proceed with a bench trial, as all parties have consented to the withdrawal.
The correct answer is B. Federal Rule of Civil Procedure 38(d) states that a proper demand for a jury trial may be withdrawn only if the parties consent. Here, both parties have filed a joint stipulation consenting to the withdrawal. This is the precise procedure contemplated by the rule. Therefore, the court will honor the stipulation and proceed with a bench trial.
- Is the court likely to grant the motion to strike? Select one.
Answer: Yes, because the remedies provided by the statute are equitable in nature, and thus no right to a jury trial attaches.
The correct answer is A. The Seventh Amendment right to a jury trial extends to 'suits at common law.' This is interpreted to mean claims and remedies that are legal, not equitable. Here, the statute provides for an injunction and attorneys' fees, both of which are traditionally considered equitable remedies. Because the plaintiff is not seeking monetary damages or another legal remedy, the action is purely equitable, and no right to a jury trial attaches under the Seventh Amendment. Therefore, the court will grant the motion to strike the demand.
- Can the defendant withdraw the jury demand over the plaintiff's objection? Select one.
Answer: No, because once a jury is demanded by any party, it cannot be withdrawn without the consent of all parties.
The correct answer is C. Federal Rule of Civil Procedure 38(d) is clear that a proper demand for a jury trial cannot be withdrawn without the consent of all parties. It does not matter which party made the original demand. Once the defendant made the demand, the plaintiff was entitled to rely on it. The bankruptcy stay does not alter this procedural rule. Because the plaintiff objects, the defendant cannot unilaterally withdraw the demand.
- To ensure the case is tried by a jury, what must the plaintiff do? Select one.
Answer: Nothing, because in a removed action, a party who did not have to make a demand in state court is not required to make one in federal court.
The correct answer is D. Federal Rule of Civil Procedure 81(c)(3)(A) governs jury demands in removed actions. It provides that a party does not need to make a demand in federal court if one was not required under state law, as is the case here where a jury trial was automatic. The right is preserved upon removal without any further action by the parties. Answer B is incorrect because no demand was actually 'made' in state court; it was automatic. Answer A describes the rule for states where an express demand is required. Answer C is incorrect because federal procedural rules, not state rules, apply in federal court after removal.
- How should the court rule on the motion to strike the jury demand? Select one.
Answer: Deny the motion, because the rejection of an offer of judgment has no bearing on a properly invoked right to a jury trial.
The correct answer is C. The right to a jury trial is a constitutional right under the Seventh Amendment, properly invoked here by a timely demand. The operation of Rule 68 (Offer of Judgment) is entirely separate. Rule 68 creates cost-shifting consequences if a party rejects an offer and then obtains a less favorable judgment; it has no effect on the right to have a jury determine the outcome in the first place. The defendant's argument has no basis in law, and the motion should be denied.
