Jury trials - Right to jury trial

Learning Outcomes

This article explores the Seventh Amendment right to a jury trial in federal civil cases. It details the scope of the right, the distinction between legal and equitable claims, the procedural requirements for demanding a jury trial, and the rules governing jury composition. After reviewing this material, you will be able to identify when the right to a jury trial applies, analyze the legal and equitable nature of claims to determine jury eligibility, and apply the rules for demanding and waiving a jury trial, preparing you for related MBE questions.

MBE Syllabus

For the MBE, you must understand the constitutional right to a jury trial in civil actions in federal court. This includes identifying which claims trigger the right and the procedures involved. You should be prepared to:

  • Analyze the scope of the Seventh Amendment right to a jury trial.
  • Distinguish between legal claims (triable by jury) and equitable claims (not triable by jury).
  • Determine the right to a jury trial when both legal and equitable claims are joined in a single action.
  • Understand the procedure for demanding a jury trial under the Federal Rules of Civil Procedure (FRCP 38).
  • Identify circumstances constituting waiver of the right to a jury trial.
  • Know the basic rules regarding jury size and unanimity in federal civil cases (FRCP 48).

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. The Seventh Amendment preserves the right to a jury trial in federal court for:
    1. All civil actions.
    2. Actions at law, but not suits in equity.
    3. Suits in equity, but not actions at law.
    4. Only actions where the amount in controversy exceeds $75,000.
  2. A plaintiff brings an action in federal court seeking both money damages for breach of contract (a legal remedy) and specific performance of the contract (an equitable remedy). A timely demand for a jury trial is made. How should the court proceed?
    1. The entire case must be tried by the judge, as equitable claims predominate.
    2. The entire case must be tried by a jury, as a legal claim is present.
    3. The judge must try the equitable claim first, and then the jury tries the legal claim.
    4. The jury must try the legal claim first, and then the judge tries the equitable claim, bound by the jury's findings on common facts.
  3. Under FRCP 38, a party waives the right to a jury trial unless a demand is served and filed no later than:
    1. The filing of the complaint.
    2. 14 days after the service of the last pleading directed to the issue triable by jury.
    3. 28 days after the entry of judgment.
    4. At the final pretrial conference.
  4. Under FRCP 48, a federal civil jury must begin with at least how many members, and how many must return the verdict unless the parties stipulate otherwise?
    1. 12 members to begin, 12 must return verdict.
    2. 6 members to begin, 6 must return verdict.
    3. 6 members to begin, a simple majority must return verdict.
    4. 12 members to begin, 6 must return verdict.

Introduction

The Seventh Amendment to the United States Constitution preserves the right to a jury trial in certain civil cases brought in federal court. Unlike the Sixth Amendment right to a jury trial in criminal cases, the Seventh Amendment right has not been incorporated against the states through the Fourteenth Amendment. Therefore, it applies only in federal court. Understanding when this right attaches, how it is invoked, and the basic procedural rules surrounding federal civil juries is essential for the MBE.

The core principle is that the Seventh Amendment preserves the right to a jury trial as it existed in English common law in 1791, the year the amendment was ratified. This historical test primarily hinges on the distinction between actions "at law" (which were traditionally tried by juries) and suits "in equity" (which were traditionally tried by judges).

Key Term: Seventh Amendment The constitutional amendment preserving the right to a jury trial in federal court for civil actions "at law," where the value in controversy exceeds twenty dollars.

Distinguishing Legal and Equitable Claims

The central issue in determining the right to a jury trial under the Seventh Amendment is whether the claim asserted is analogous to an action historically tried "at law" or "in equity."

Actions at Law

Historically, actions at law primarily sought money damages as a remedy. If a plaintiff is seeking compensatory damages for breach of contract, tort injuries, or violation of certain statutory rights, the claim is generally considered legal, and the right to a jury trial attaches.

Key Term: Legal Claim A claim historically tried by a jury in the English common law courts, typically seeking money damages as a remedy.

Suits in Equity

Suits in equity, historically heard by a chancellor rather than a jury, primarily sought equitable remedies such as injunctions, specific performance, rescission, reformation, or accountings. If the claim primarily seeks an equitable remedy, there is generally no right to a jury trial under the Seventh Amendment.

Key Term: Equitable Claim A claim historically tried by a judge (chancellor) in the English equity courts, typically seeking remedies other than money damages, such as injunctions or specific performance.

Mixed Legal and Equitable Claims

Modern federal procedure allows legal and equitable claims to be joined in a single action (FRCP 18). When this occurs, the right to a jury trial is preserved for the legal claims.

  • Order of Trial: The Supreme Court has held that factual issues common to both legal and equitable claims must be tried by the jury first. The jury's findings on these common facts are binding on the judge when resolving the equitable claims. [Beacon Theatres, Inc. v. Westover; Dairy Queen, Inc. v. Wood] This prevents the judge's determination of the equitable claim from effectively precluding the jury's determination of the legal claim, thus preserving the Seventh Amendment right.

Worked Example 1.1

Plaintiff sues Defendant in federal court for breach of a construction contract. Count I seeks $100,000 in compensatory damages for defective work (a legal claim). Count II seeks an injunction ordering Defendant to remove debris left on Plaintiff's property (an equitable claim). Plaintiff makes a timely demand for a jury trial. Is Plaintiff entitled to a jury trial on either claim? How should the court proceed?

Answer: Plaintiff is entitled to a jury trial on Count I (damages for breach of contract), as this is a legal claim. Plaintiff is not entitled to a jury trial on Count II (injunction), as this is an equitable claim. The court should proceed by having the jury decide the factual issues relevant to Count I first (e.g., whether the contract was breached, the amount of damages). Then, the judge will decide Count II, bound by the jury's findings on any facts common to both claims (e.g., whether a breach occurred).

Demand and Waiver of Jury Trial

The right to a jury trial, though constitutional, is not self-executing. It must be properly demanded, or it is waived.

Procedure for Demand (FRCP 38)

  • Timing: A party wanting a jury trial on an issue must serve a written demand on the other parties no later than 14 days after the service of the last pleading directed to that issue. [FRCP 38(b)] The "last pleading directed to the issue" is typically the answer or, if there is a counterclaim, the reply to the counterclaim.
  • Form: The demand may be included in a pleading (e.g., the complaint or answer) or made in a separate written document. [FRCP 38(b)]
  • Specification: A party may specify the issues it wants tried by a jury. If not specified, the demand is deemed to cover all issues triable by jury. If one party demands a jury trial on only some issues, any other party may, within 14 days of being served with the demand (or shorter time if ordered by the court), serve a demand for a jury trial on any or all other issues triable by jury. [FRCP 38(c)]

Key Term: Jury Demand A written request by a party, pursuant to FRCP 38, for a trial by jury on some or all issues so triable.

Waiver (FRCP 38(d))

Failure to serve and file a timely demand constitutes a waiver of the right to a jury trial. [FRCP 38(d)] Once a demand has been made, it may be withdrawn only with the consent of all parties. [FRCP 38(d)]

Worked Example 1.2

Plaintiff files a complaint seeking damages (legal relief) in federal court. Defendant files an answer 20 days later, which includes a counterclaim also seeking damages. Plaintiff files a reply to the counterclaim 15 days after service of the answer. Neither the complaint, answer, nor reply contains a jury demand. Twenty days after filing the reply, Plaintiff files and serves a separate written demand for a jury trial on all issues. Is the demand timely?

Answer: No. The last pleading directed to the issues in the complaint was the answer. The last pleading directed to the issues in the counterclaim was the reply. Plaintiff had 14 days after service of the reply (the last pleading overall) to demand a jury trial on any jury-triable issue in the case. Since Plaintiff filed the demand 20 days after filing the reply, the demand was untimely, and the right to a jury trial has been waived.

Jury Composition and Verdicts

The Federal Rules of Civil Procedure also govern the composition and verdict requirements for federal civil juries.

Size of Jury (FRCP 48(a))

A federal civil jury must begin with at least 6 and no more than 12 members. All selected jurors must participate unless excused for good cause (e.g., illness).

Verdict (FRCP 48(b))

  • Unanimity: Unless the parties stipulate otherwise, the verdict must be unanimous.
  • Number: Unless the parties stipulate otherwise, the verdict must be returned by a jury of at least 6 members. If fewer than 6 jurors remain after some are excused for good cause, a mistrial must be declared unless the parties agree to accept a verdict from the smaller number.

Jury Selection (Voir Dire)

Parties have the right to an impartial jury selected through the process of voir dire. During voir dire, parties may challenge potential jurors.

  • Challenges for Cause: Unlimited number. Used to strike potential jurors who demonstrate actual or legally presumed bias (e.g., financial interest in outcome, close relationship to party/attorney).
  • Peremptory Challenges: Each party is automatically entitled to three peremptory challenges, which can generally be used to strike potential jurors for any reason or no reason at all. [28 U.S.C. § 1870]
    • Constitutional Limitation: Peremptory challenges cannot be used to exclude jurors on the basis of race or gender (Batson doctrine, extended to civil cases).

Key Term: Voir Dire The process by which prospective jurors are questioned by counsel and/or the court to determine their suitability to serve on a jury.

Worked Example 1.3

A federal civil trial begins with 8 jurors. During deliberations, one juror becomes ill and is excused by the judge for good cause. The remaining 7 jurors announce they have reached a verdict, but it is 6-to-1. The parties had not previously stipulated to a non-unanimous verdict. Can the court accept this verdict?

Answer: No. FRCP 48(b) requires the verdict to be unanimous unless the parties stipulate otherwise. Since the verdict is not unanimous and there was no stipulation, the court cannot accept it. The jury must continue deliberating or a mistrial may be declared. (The fact that 6 jurors agreed is irrelevant; unanimity is required absent stipulation).

Summary

The Seventh Amendment guarantees a right to jury trial in federal court for civil actions analogous to those tried "at law" in 1791, primarily claims seeking money damages. Equitable claims, seeking remedies like injunctions or specific performance, are tried by the judge. In cases with mixed legal and equitable claims, the jury decides legal issues first, binding the judge on common facts. This right must be affirmatively demanded within 14 days of the last pleading directed to the issue, or it is waived. Federal civil juries must start with 6-12 members, and verdicts must generally be unanimous and returned by at least 6 jurors, unless the parties stipulate otherwise.

Key Point Checklist

This article has covered the following key knowledge points:

  • Seventh Amendment applies only in federal court to actions "at law."
  • Distinction based on historical treatment and remedy sought (damages = law; injunction/specific performance = equity).
  • Legal claims tried by jury first in mixed cases.
  • Jury demand required under FRCP 38 within 14 days of last pleading on the issue.
  • Failure to make timely demand waives the right.
  • Federal civil juries start with 6-12 members.
  • Verdicts must be unanimous and returned by at least 6 jurors, unless parties stipulate otherwise.
  • Peremptory challenges cannot be based on race or gender.

Key Terms and Concepts

  • Seventh Amendment
  • Legal Claim
  • Equitable Claim
  • Jury Demand
  • Voir Dire
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