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JURIES

Q. But doesn't the United States Constitution guarantee me a right to a jury trial in every case?
A. No. In criminal cases, the right only extends to defendants facing a possibility of being
sentenced to a prison term of six months or more. In civil cases, the Seventh Amendment
guarantees the right to a jury trial in "suits at common law." As a general rule, suits at common
law encompass only those civil suits seeking money as compensation for an asserted injury or
loss—for example, breach of contract or personal injury actions. Thus, the Seventh Amendment's right to a jury trial does not apply if the plaintiff is seeking an "equitable" remedy for his or her injury or loss—for example, an order to the defendant to cease certain conduct.

Q. What is the difference between a legal and equitable claim?
A. Whether a claim is legal or equitable can generally be determined by the remedy the plaintiff is seeking. As noted above, a request for money damages is, historically, a "legal" claim, while a
request that the court order a party to take or cease some action is an "equitable" claim. The
question can be more complicated in cases where there are a number of different claims, some
legal, some equitable, and some with both legal and equitable characteristics.

Q. Will I automatically get a jury trial if I'm constitutionally entitled to one?
A. No. Trials in federal court will not be held before a jury unless a party makes a written demand for a jury trial. For tactical reasons, some parties may prefer to have their case decided by a judge alone. On the other hand, Congress can (and has) provided for the jury trial option in some instances where the Constitution does not require one.

Q. How does a bench trial differ from a jury trial?
A. In a bench trial, the judge must determine the facts (what really happened, as distinguished
from what the plaintiff alleged happened) and then apply the law to the facts. In a jury trial, the
fact-finding function belongs to the jury. For example, in a negligence action for damages tried
before a jury, the judge would decide whether state law imposes a legal duty on a host to warn
guests of hidden dangers on his or her property. It would be for the jury to decide whether a loose step on the host's back porch was such a danger, whether the guest had in fact been warned not to go onto the back porch, whether that warning was sufficient under the law, whether the guest's alleged injuries were real, and whether they were actually caused by a fall off the step.

Q. How are potential jurors identified?
A. The clerk of the court maintains a list of potential jurors using, for example, lists of registered
voters or licensed drivers, or a combination of the two. When a case is set for trial by jury, the
clerk uses this list to provide the court with a "venire" of potential jurors representing a fair crosssection of the community. The jurors who will actually hear the case are then chosen by the attorneys for each side in a process known as "voir dire."

Q. How do the attorneys select the jury for my case?
A. Each attorney and/or the judge asks the potential juror questions designed to discover any
potential bias or prejudice for or against the parties or issues in the case. If the juror concedes such a bias or if evidence suggests he or she may have one, the attorney may ask the court to strike the juror "for cause" and remove him or her from the pool of potential jurors in that case. If the judge refuses to remove the potential juror "for cause," the attorney will consider whether to use one of his or her "peremptory strikes" to remove the juror. In federal civil trials, each party can make up to three peremptory strikes to remove a juror without providing a reason.

Q. May an attorney use peremptory strikes to remove jurors on the basis of their race?
A. No. In the landmark case of Batson v. Kentucky, the Supreme Court in 1986 prohibited
prosecutors from exercising peremptory strikes for racially discriminatory reasons in criminal
trials. This principle has since been extended in other cases so that it is now generally agreed that neither side in either criminal or civil trials may exercise any peremptory strikes for racially
discriminatory reasons. (In 1994, the U.S. Supreme Court decided in J.E.B. v. Alabama ex. rel. T.B. that this principle should be applied to bar gender-based peremptory strikes as well).

Q. Must every jury have twelve jurors?
A. No. Although most jurisdictions require either twelve or six, it is not clear what the
constitutional limits might be on a jury's size.

Q. What if I am called for jury duty?
A. Inform your employer and appear at the time and place indicated on your jury-duty summons.
Although you may be excused from jury service on the basis of hardship, the law requires your
employer to permit you to take time off from work to perform your jury duty.
An obligation of citizenship, jury service is becoming less burdensome than ever before.
Although jurors are paid a small stipend for each day's service, many employers will pay regular salaries to their employees for at least a portion of their jury duty. To further ease the burden on jurors, some jurisdictions have adopted a one-day, one-trial rule whereby jurors are only "on call" for one day. If they are picked for a jury on that day they will serve on that jury, but if they are not picked on that day they will not be called again for at least a year or two.

Q. What if I am selected as an alternate juror?
A. Alternate jurors are selected to guard against the possibility that one of the jurors will take ill or otherwise be unable to serve. As an alternate, you would attend the trial along with the regular jurors, but would not be called to participate in reaching a verdict unless one of the regular jurors was unable to continue.

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