1) Settling a case (before or after discovery) involves three basic steps:

a. Determining the case's settlement value

b. Selling such assessment to the opposing side

c. Getting the client to agree

Under Rule 38, does a jury trial have to be for all claims or just some of the claims?

Can this be changed?

when is the deadline to do so? 

What happens if no party requests a jury trial?

Unless specifgic claims/counts are requested for jury trial, it is assumed the request is made for all couts/claims; any part to a lawsuit can request a jurty trial request for all claims if it is not done so by other parties and must serve it within 14 days after being served by the other party who requested a partial jury trial

If no party requests a jury trial, it is deemed waived.

1) Claims must arise under English common law (1791), when the 7th

Amendment was ratified

2) Lawsuit must be brought into federal court (right not applicable to states,

although most state constitutions afford the right to trial by jury in civil cases)

3) Amount of controversy must be at least $20

4)Suit must be legal in nature (not equitable remedy such as specific

performance, injunction relief or restitution, thus non-monetary damages are

not covered as a ‘right’ under 7th Amendment)

Under Rule 39, what happens if no jury tiral request is made?

Can a jury trial still happen?

If no jury trial request is made on time, then the issues will be tried by the court.

Still the Court may on a motion request a jurty trial if it thinks that it is importnat and necessary for the parties.

Under rule 41, can an action be dismissed voluntarily or involuntarily?

What happens if the initial claim is dismissed, but a counterclaim is still pending?

1) Voluntarily (by Pl. and filing a stipulation and notice of dimissial signed between the parties with the court).

• In Cases where the Def. files a CC, the court can order the dismissal of the complaint but only if the CC can be adjudicated on its own/independently

2) Involuntarily- Def. can request a dismissial if Pl. does not comply with the rules or a court order.

Under Rule 42, when can consolidation be done?

When can separation be done?

1) consolidation ca be done if:

-there exist common questions of lw or fact, and the Cour may:

a. Join for hearing or trial two or more cases in one or all maters at issues;

b. consolidate the cases entirely;

c. issued and other orders to save money or avoid unncessary delay

2. A Court can order separation trials for different issues/claims, CC's, cross-claims, etc.

Cases can be consolidated for only discovery purposes but not trials. This is

very common in US Federal Courts.

Under Rule 47, who selects the jurors?

can the parties submit objections?

“Voir Dire” is the the process through which potential jurors are questioned by

either judge or a lawyer to determine their suitability for jury service.

“Peremptory Challenge” results in the exclusion of a potential juror without the

need for any reason or explanation - unless the opposing party presents a prima

facie argument that this challenge was used to discriminate based on race,

ethnicity or sex.

Under Rule 47, how do the courts generally decide if an individual is qualified to serve on a jury?

What is the purpose of this?

A civil petit jury is typically made up of 6 to 12 persons (verdict must beunanimous)

A criminal petit jury is usually made up of 12 members

A grand jury, which normally consists of 16 to 23 members

1) Federal jurors are paid $40 a day

2) A juror has to be a US citizen to serve in the jury

3) At least 18 years old

4)Resided in that judicial district for at least one year prior to serving in the jury

5) Speak and understand English clearly and well

6)Not under any pending criminal offense/charge

7) Be of mental capacity to serve

Under Rule 49, what are special verdicts and when are they gvien?

Can they be used in a criminal case

the court can:

1- enter a judgment

2- direct the jury to further consider its answers and verdict; or

3 - order a new trial

The court cannot:

1- enter a judgment

2- must direct the jury to further consider its answers and verdict; or

3 - order a new trial

Under Rule 51,  How do the parties have a say in this and when is it done?

Parties can serve written requests to each other that  they want the court  to give to the Jury. Requests are served:

1) Before or at the close or evidence

2) After the close of evidence

Under Rule 51,  how are instructions given to the parties?

Can the parties object?

Instructions:

1) the court informs the parties on the proposed instructions 

2) It gives them an opportunity to object

Objections:

1) Done on record, timely and stating the grounds for objections

1) Facts

2) Key Pleadings

3) Discovery

4) Key Motions

5) Jury Instructions/Selection

6) Charts/Data supporting case

7) Expert Reports (Opening, Rebuttals)

8) Direct Examination (your case-in-chief)

9) Cross-Examination (opponent's case)

10) Opening and Closing Arguments

 Attorneys with the assitance of  paralegals must:

1) Prepare each witness for trial individually

2) Review with the wintess all previous testimony, depositions, answerts to interrogatories, written and orgal statements and any other material that could be used for impeachment.

3) Review with the witness all exhibits he or she will identify or authenticate in trial.

4) Review the probably testimony of other wintesses to see if any inconsistencies exist.

1) Review the direct examination with the witness- repeatedly.

2) After the direct examination has been prepared, review with the witness the areas that the lawyer anticipates the cross-examination will cover.

3) Prepara the wintess for his courtroom appearance and testimony and other logistics