The California Rules of Court Rule 2.1008 (d) states reasons for which a judge may grant an excuse from jury duty, including when a prospective juror: Lacks “reasonably available means of public or private transportation to the court”. Must travel in excess of 1.5 hours from home to the court. Would bear extreme financial burden taking into ...
Sharon is called for jury duty and is selected for possible service on a jury. However, when the defendant's attorney sees her, he learns that she is from a farm family. Both the defendant and the defendant's attorney dislike farmers, so they strike her name from the jury. In this case: a. this is a valid peremptory challenge.
Janet is called for jury duty and is selected for possible service on a jury. However, when the defendant's attorney sees her, he notices that she is wearing a green dress. Both the defendant and the defendant's attorney hate green dresses, so they strike her name from the jury. This is: a. a valid challenge for cause. b. a valid peremptory challenge. c.
Janet is called for jury duty and is selected for possible service on a jury. However, when the defendant's attorney sees her, he notices that she is wearing a green dress. Both the defendant and the defendant's attorney hate green dresses, so they strike her name from the jury.
Jury service is a fantastic experience in participatory democracy. You and twelve ordinary citizens, after listening to the facts of a case, and the instructions on the law given by the judge, get together in a room and deliberate. Webster’s Dictionary defines “ deliberate ” as “to think about or discuss issues and decisions carefully.”
There are penalties for any prospective trial juror who has been summoned for service and fails to attend as directed. Pursuant to California Civil Code Section 209, a judge may issue a warrant of attachment compelling a person who fails to respond to a juror summons to come before the judge. Following a hearing, the court may find a prospective juror in contempt of court, a crime punishable by fine, incarceration, or both.
The local jury commissioner issues subpoenas through the mail. California law provides that a juror may be summoned only once a year.
Nevertheless, under Code of Civil Procedure Section 228, a prospective juror may be disqualified at the judge’s discretion if they have an incapacity which makes them unable to perform the duties of a juror. The California Rules of Court Rule 2.1008 (d) states reasons for which a judge may grant an excuse from jury duty, including when a prospective juror:
Prospective jurors who believe that they medically or psychologically cannot sit as jurors should come to court on the date of their summons with a letter from their physician, psychologist or psychiatrist. Before jury selection, the judge will ask the assembled prospective jurors if they have a hardship which would preclude them from jury service. Those who believe they do will be allowed to fill out a hardship questionnaire. That is the time to inform the judge of your disability, supported by documentation verifying appropriate impairments and detailing their probable duration and impacts on ability to serve as a juror. If such an individual is aged 70 years or older, no documentation is required. They will then review your request, may ask for a letter or further explanation, and will grant or deny your request as appropriate.
Jury service is a civic duty. The right to a jury trial is one of the fundamental rights all Americans possess, ensconced within the Bill of Rights, the first ten amendments to the Constitution, and the Seventh Amendment.
Finally, and relevant to your question, a judge may grant a prospective juror excusal from service if they have “a physical or mental disability or impairment, not affecting that person’s competence to act as a juror, that would expose the potential juror to undue risk of mental or physical harm.”.
The defendant's attorney: a. will succeed in keeping Jean off the jury because his defendant is a male.
However, when the defendant's attorney sees her, he notices that she is wearing a green dress. Both the defendant and the defendant's attorney hate green dresses, so they strike her name from the jury.
d. Ned is discharged from his duties under the contract because of material breach. t. A contract in which a party (the promisor) promises to render a certain performance not to the other party (the promisee) but to a third person (the beneficiary) is called a third-party beneficiary contract.
The main categories of the law are (a) substantive and procedural, (b) public and private, and (c) civil and criminal. true. flase. plaintiff. The person who files or commences a civil lawsuit is the: a.
Case law as developed through the U.S. Supreme Court.
Anita, who is a seamstress, agrees to sew a suit for Bryan, who promises in return to pay Anita $500 for the suit if he is satisfied with it. Anita completes the suit, which fits Bryan perfectly. Nevertheless, he says that he is not satisfied and refuses to accept or pay for it.
it is not always possible to determine from the case title which party is the plaintiff.
After a plaintiff files a complaint with the clerk of the trial court, the clerk issues a summons to be served on the defendant to notify him that a suit has been brought against him.
However, when the defendant's attorney sees her, he notices that she is wearing a green dress. Both the defendant and the defendant's attorney hate green dresses, so they strike her name from the jury. This is:
Williams case, the Supreme Court stated that punitive damages may be properly imposed in certain cases but, because of constitutional limitations, cannot be grossly excessive.
A deposition is a pretrial discovery device, which consists of sworn testimony of a witness or the opposing party.
Adam is not entitled to relief based on fraud because he was not justified in relying upon the salesman's representation that the car would seat six people.
Arthur fired a gun in the middle of the desert. He intended to fire the gun, but had no reason to believe anyone else was in the area. The bullet hit Bob, who happened to be riding his ATV across the desert. In this case:
may be successfully contested on the use of the peremptory challenge to exclude Jean from the jury on the grounds that the action is unconstitutional.
The judge will ask the potential juror if the connection with the person involved in the case will cause a bias. Often a potential juror will say the connection will not make him biased, but sometimes further discussion is needed with the judge and attorneys.
This is true for criminal trials – in circuit court, which handles felony cases, all 12 jurors must come to a unanimous conclusion on whether the defendant is guilty. If they cannot, it is called a “hung jury” and the case will be declared a mistrial. This means the Commonwealth (prosecution), if it chooses to do so, can empanel a new jury and retry the case.
While many people may think getting called for jury duty is a serious inconvenience, Madison Circuit Judge Jean C. Logue always takes the time during jury orientation to convince them otherwise.
In the past, jury pools were selected from voter registration lists, but that changed in the early 1990s. Now in addition to voter registration, if you have a driver’s license or file income tax returns, you can be called for jury duty.