3rd Quarter - Class #6 - 5-15-07

Class will use "Meet and Confer" phone conference tonight at 7:30 pm -

call 866-316-1517 and then dial in passcode = 22069158

Trial Matters

Discuss the following:

Plaintiff brought an action in a federal district court for (1) specific performance of a contract and incidental damages for defendant's failure to perform on time, or (ii) full damages in case the court refused to order specific performance. Defendant filed an answer denying plaintiff's material allegations and counterclaimed for damages arising out of the same contract dispute.

A. If plaintiff demands jury trial, what issues, if any, should be tried by a jury?

B. Assume the plaintiff does not demand a jury trial, but defendant does. What issues, if any, should be tried by a jury?

C. Assume that the court strikes defendant's demand and sets all issues of the case for a court trial. Is the order then reviewable? If so, by what means?

Post your answers in the assignment "box"