Preserving the right to a jury trial - Next Generation Bar Exam

1. Under Rule 38(d), when may a proper jury demand be withdrawn?

   Only with the consent of the parties. Other parties may rely on one party's demand.

2. A plaintiff sues for breach of contract seeking both damages and an injunction, based on the same facts. Who decides the common factual issues?

   The jury, before the court rules on the equitable claim. Common issues must be tried to the jury first to preserve the jury right on the legal claim.

3. What is the status of the Seventh Amendment jury right in state court civil actions?

   It does not apply, because it has not been incorporated against the states. State constitutions and statutes govern jury rights in state civil cases.

4. Which civil actions does the Seventh Amendment's jury right cover?

   Suits at common law in federal court, where the value in controversy exceeds $20. The right extends to actions analogous to those tried at law in 1791.

5. In a removed case, when must a party who has not already demanded a jury do so, if state law did not require a demand?

   Within 14 days after it files a notice of removal or is served with one. A demand already made in state court in accordance with state law need not be renewed.

6. What is the consequence of failing to make a timely jury demand?

   The right to a jury trial is waived. The court may still order a jury trial on motion under Rule 39(b).

7. Under Rule 38(b), when must a party demand a jury trial?

   By serving a written demand within 14 days after service of the last pleading directed to the issue. The demand may be included in a pleading and must be filed with the court.

8. When a case presents both legal and equitable claims with common factual issues, which are decided first?

   The legal claims, by the jury. Under Beacon Theatres and Dairy Queen, the court may not decide common facts first in a way that defeats the jury right.

9. A plaintiff seeks only an injunction ordering the defendant to return a unique painting. What jury right does the plaintiff have?

   The plaintiff has no jury right, because the claim seeks only equitable relief. Actions for specific relief such as an injunction were tried in equity without a jury.

10. How do courts determine whether a claim carries a Seventh Amendment jury right?

    By comparing it to 18th-century actions at law or equity, with the nature of the remedy weighing most heavily. Claims seeking money damages are ordinarily legal; claims for injunctions are equitable.

11. When does a statutory claim carry a Seventh Amendment jury right?

    When it is analogous to a common-law action and seeks legal relief, such as damages. Congress may assign certain public-rights cases to non-jury tribunals.

12. What size and verdict rule govern a federal civil jury?

    At least 6 and no more than 12 jurors, with a unanimous verdict unless the parties stipulate otherwise. All jurors must participate in the verdict unless excused for good cause.

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