Full access allows:
- Solve all tests online without limits;
- Remove all advertisements on website;
- Adding questions to favorite list;
- Save learning progress;
- Save results of practice exams;
- Watching all wrong answered questions.
In response, the machine manufacturer moved to strike the farmer's jury demand.
A farmer injured by a machine sued the machine's manufacturer on his own behalf and as a representative of a class of individuals injured by the same model machine during the past five years. The farmer alleged that the machine was defectively designed and manufactured because the machine failed to shut off when the key was removed from the ignition. Therefore, the machine subjected its users to a risk of bodily injury. The suit was brought in federal court and satisfied the requirements for diversity jurisdiction. The farmer sought compensatory damages both for himself and for the members of the class. He timely filed a request for a jury trial on his own behalf and on behalf of the class. Historically, class actions are devices available exclusively in equity. The farmer requested that the court «certify» the action to proceed as a class action.
There are no comments at the moment. If you found an error or think question is incorrect, tell everyone about it
Only signed in users can write comments
Signin
A is incorrect. The claim underlying the farmer's class action is an action of law that a jury may determine. However, the requirements for class action certification derive from equity. As a result, the farmer's request that the action proceeds as a class action is an issue to be determined by a judge and not a jury. Therefore, the court cannot grant a jury trial for both issues.
C is incorrect. In this case, the requirements from class action certification derive exclusively from equity. Therefore, the court cannot award a jury trial to determine whether the requirements for class certification are met.
D is incorrect. As explained above, the jury should hear the merits of the claim, but not the class certification issue.