Learning Outcomes
After reading this article, you will be able to explain the federal rules governing the selection and composition of juries in civil trials. You will understand the requirements for jury size, unanimity, the process for challenging jurors, and the distinction between peremptory and for-cause challenges. You will be able to identify how these rules are tested on the MBE and apply them to exam-style scenarios.
MBE Syllabus
For MBE, you are required to understand the procedures and rules relating to the selection and composition of juries in federal civil trials. This includes knowing the requirements for jury size, unanimity, and the process for challenging jurors. You should be prepared to:
- Identify the minimum and maximum number of jurors required in federal civil trials.
- Distinguish between peremptory and for-cause challenges and their limitations.
- Recognize when parties may stipulate to fewer jurors or non-unanimous verdicts.
- Apply the rules regarding alternate jurors and excusal for cause.
- Understand constitutional limits on the use of peremptory challenges (race/gender).
- Determine the effect of juror excusal or illness during trial or deliberations.
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.
- In a federal civil trial, how many jurors must be present to return a verdict if the parties have not stipulated otherwise?
- Which of the following is true regarding peremptory challenges in federal civil jury selection?
a) They may be used to exclude jurors for any reason, including race or gender.
b) Each side is entitled to an unlimited number.
c) They may not be used to exclude jurors solely on account of race or gender.
d) They may only be used after all for-cause challenges are exhausted. - If a juror becomes ill during trial and is excused, what is the minimum number of jurors required to return a verdict in a federal civil case (absent stipulation)?
- What is the effect if the parties stipulate to accept a verdict from fewer than six jurors in a federal civil trial?
Introduction
Jury trials are a central feature of federal civil litigation. The selection and composition of the jury are governed by specific federal rules that determine the number of jurors, the process for challenging potential jurors, and the requirements for returning a valid verdict. Understanding these rules is essential for answering MBE questions on civil procedure.
Jury Size and Unanimity
In federal civil trials, the jury must begin with at least six and no more than twelve members. Unless the parties stipulate otherwise, the verdict must be unanimous and returned by at least six jurors.
Key Term: Jury Size (Federal Civil) The number of jurors in a federal civil trial must be at least six and no more than twelve at the start of trial. The verdict must be returned by at least six jurors unless the parties stipulate otherwise.
Excusing Jurors and Alternate Jurors
During trial or deliberations, the court may excuse a juror for good cause (such as illness). If the number of jurors falls below six, the parties may stipulate to accept a verdict from the remaining jurors. If there is no stipulation and fewer than six remain, the court must declare a mistrial.
Key Term: Alternate Juror A juror selected to replace a regular juror if excused during trial. In federal civil trials, all jurors participate in deliberations unless excused; there are no formal "alternates" once deliberations begin.
Peremptory and For-Cause Challenges
During voir dire, parties may challenge potential jurors in two ways:
- For-cause challenges: Unlimited in number; used when a juror cannot be impartial (e.g., due to bias or a close relationship to a party).
- Peremptory challenges: Each side has three in federal civil trials; no reason need be given, but they may not be used to exclude jurors solely on account of race or gender.
Key Term: Peremptory Challenge A limited right to exclude a prospective juror without stating a reason, but not for reasons based solely on race or gender.
Key Term: For-Cause Challenge An unlimited right to exclude a prospective juror for a specific reason, such as bias or inability to be impartial.
Stipulations and Non-Unanimous Verdicts
The parties may stipulate to accept a verdict from fewer than six jurors or to accept a non-unanimous verdict. Such stipulations must be made on the record and are binding.
Worked Example 1.1
A federal civil trial begins with eight jurors. During deliberations, two jurors become ill and are excused. The parties stipulate on the record to accept a verdict from the remaining six jurors. The jury returns a unanimous verdict for the plaintiff. Is the verdict valid?
Answer: Yes. The verdict is valid because at least six jurors returned the verdict, and the parties stipulated to accept a verdict from fewer than the original eight.
Worked Example 1.2
During jury selection in a federal civil trial, the defendant uses a peremptory challenge to strike the only Black juror from the panel. The plaintiff objects, arguing the strike is based solely on race. What must the court do?
Answer: The court must require the defendant to provide a race-neutral explanation for the strike. If the court finds the reason is pretextual and the strike was based solely on race, the challenge must be denied.
Exam Warning
The MBE often tests whether parties can stipulate to fewer than six jurors or a non-unanimous verdict. Remember: Without a stipulation, a verdict from fewer than six jurors is invalid.
Revision Tip
Always distinguish between for-cause and peremptory challenges. For-cause challenges are unlimited but require a reason; peremptory challenges are limited and may not be used for discriminatory purposes.
Key Point Checklist
This article has covered the following key knowledge points:
- Federal civil juries must begin with 6–12 jurors; at least 6 must return the verdict unless the parties stipulate otherwise.
- Verdicts must be unanimous unless the parties stipulate to a non-unanimous verdict.
- Jurors may be excused for good cause; if fewer than six remain, a mistrial is required unless the parties stipulate.
- Each side has three peremptory challenges; these may not be used solely on account of race or gender.
- For-cause challenges are unlimited and require a specific reason (e.g., bias).
- Alternate jurors may be selected, but all remaining jurors deliberate unless excused.
- Parties may stipulate to accept a verdict from fewer than six jurors or to a non-unanimous verdict.
Key Terms and Concepts
- Jury Size (Federal Civil)
- Alternate Juror
- Peremptory Challenge
- For-Cause Challenge
