Fact Pattern 4-2 Wally, a Law School Student, Is an Intern for Rebecca

Fact Pattern 4-2
Wally, a law school student, is an intern for Rebecca, an assistant professor who is attempting to get tenure at Imperial Law School in part by getting an article published on the right to a jury trial. Rebecca asks Wally to explain to her the right to a jury trial under the U. S. Constitution as applied to jury trials involving state law.
-Refer to fact pattern 4-2. What should Wally tell Rebecca regarding whether the U.S.Constitution requires that jury trials be held in federal civil court cases involving diversity jurisdiction and applying state law?

A) That the U.S. Constitution requires that a jury trial be held only if the controversy exceeds the amount of $75,000, and the parties involved are all residents of the same state.
B) That the U.S. Constitution requires that a jury trial be held in all such trials.
C) That the U.S. Constitution does not provide the right to a jury in such situations.
D) That the U.S. Constitution provides that when a federal court has jurisdiction in a case based solely on diversity of citizenship, the federal court should require a jury trial only if a state court in that state would require a jury trial.
Answer: D

Correct Answer:

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