10. Directed Verdict/JNOV Flashcards
According to Rule 50, when will a court grant judgement as a matter of law?
A court will grant judgement as a matter of law when there is no legally sufficient evidentiary basis for the party on that issue.
50(a) allows a party to move for judgement as a matter of law after a party has been fully heard on an issue but before the jury goes out to deliberate aka directed verdict.
50(b) allows a party to move for judgement as a matter of law after the jury has been set out to deliberate, a party can renew the motion after the jury returns with a verdict. 50(a) must be made first and then denied before 50(b) can be used to allow renewing a motion. It must be the same motion.
What are the different burden of production tests?
- Scintilla of evidence test
- Plaintiff’s evidence test
- Federal test
What is the scintilla of evidence test?
This is a minority test that a court will consider evidence offered by the nonmoving party to support the elements of her claim and deny JMOL as long as there is a remote possibility a jury could find the elements true. Does not ever consider the moving party’s evidence.
What is the plaintiff’s evidence test?
The court will consider the nonmoving party’s evidence in its most favorable light bot court is more discriminating than under the Scintilla test. Does not ever consider the moving party’s evidence. A little more rigorous than Scintilla.
What is the Federal test?
It is the most popular by states and is always used by the federal court. The court will consider the nonmoving party’s evidence in the light most favorable to that party. Additionally, the court will consider any evidence produced by the moving party that has not been impeached or contradicted. Bainbridge made it past the burden of production, but the court considered the moving party’s evidence and it pushed the overall evaluation of the evidence behind the burden of production.
