9) Trial Flashcards
trial by jury: rule
7th am:
1) “in suits at CL”
2) where value in controversy exceeds $20
note: congress could expand
trial by jury: “in suits at CL” elements
1) nature of remedy
2) nature of claim
trial by jury: “in suits at CL”: nature of remedy
can have right to jury if MONETARY (not injunctive) relief is sought.
Even if there’s also claim for injunctive relief, jury right exists for any issue of fact underlying a damages claim (even if resolving that issue might support injunctive relief)
trial by jury: “in suits at CL”: nature of the claim
type of claim that would have been actionable in 1791, OR can be fairly nalogized to claim that would have been actionable then
right to jury: who?
any party can demand jury
right to jury: how?
file + serve written jury demand
right to jury: dl
must file jury demand no later than 14 days after last pleading (complaint/answer/reply) directed to the jury-eligible issue
right to jury: waive
if you don’t timely file/serve the written demand, forfeit right to jury
jury: how many ppl?
6-12
jury: selection: kinds of challenges
1) challenge for cause
2) peremptory challenge
jury: selection: challenge for cause: rule
unfitness to serve (most common: confessed or likely bias).
unlimited number
must articulate nature of juror’s unfitness
jury: selection: peremptory challenge: rule
each side gets 3
automatic dismissal, dnn articulate reason UNLESS
strikes give rise to inference of racial/gender discrim. Then, must give nondiscrim explanation for strike
jury instructions: timing to propose
any party can propose
no later than close of all evidence
jury instructions: timing to object
any party can object
must do so before jury starts deliberating
jury: what %? (+ exception)
must be unanimous
exception: parties stipulate otherwise
jury: types of verdicts
1) general verdict
2) special verdict
3) hybrid
jury: verdicts: general verdict (def)
statement that P or D wins
jury: verdicts: special verdict (def)
court asks j to answer specific fact qs
jury: verdicts: hybrid (def)
court asks j for both general verdict and special
jury: verdicts: hybrid: what if general and special conflict?
judge can:
1) order new trial or
2) send jury back to re-deliberate or
3) special verdict trumps
bench trial
must include “special” findings of fact separate from conclusions of law (only at trials)
partial judgment:
after party fully heard on an issue, court can determine not enough evidence ot prevail on particular claim, can enter judgment on just that claim
mxn for judgment as matter of law: JML: who initiates
sua sponte or on mxn of party
can be by individual claim
JML: rule
1) party against whom judgment is entered has been fully heard on an issue AND
2) party lacks sufficient evidnece to prevail on an issue nec to particular claim or defense
(like sj: assume credibility + dn weigh the evidence)
post trial mxns: kinds
1) renewed mxn jml
2) mxn new trial
3) mxn relief from judgment
post trial mxn: renewed mxn jml: rule
IF made unsuccessful mxn JML during trial
same standard as JML
post trial mxn: joint mxns
ok jointly move for renewed JML + new trial
post trial mxn: renewed mxn jml: dl
w/in 28 days of judgment
post trial mxn: renewed mxn jml: dl: “judgment”
date of court judgment (might not be same as date of verdict)
post trial mxn: renewed mxn jml: ways court could rule
1) allow verdict to stand
2) enter the opposite verdict
3) order new trial (even if no mxn new trial)
note: if grants renewed jml mxn, must also issue conditional ruling on mxn new trial
post trial mxn: mxn new trial: grounds
1) against great weight of the evidence
2) excessive damages
3) procedural error or misconduct
4) newly discovered evidence
post trial mxn: mxn new trial: grounds: against great weight of evidence: note
court CAN consider comparative volume, credibility of the evidence (unlike sj or jml)
post trial mxn: mxn new trial: grounds: excessive damages: standard
“grossly excessive” or “shocks the conscience”
NOTE: no remedy if damages grossly INadequate
court can give P option of submitting to amt of damages it considers appropriate
post trial mxn: mxn new trial: grounds: procedural error or misconduct: rule
IFF:
1) error or misconduct likely affected result of trial AND
2) party objected to error when had opportunity to do so
post trial mxn: mxn new trial: grounds: procedural error or misconduct: exs
exclusion of evidence jury instructions communication btwn wits ex parte com w judge juror misconduct
post trial mxn: mxn new trial: grounds: newly discovered evidence: rule
1) party discovers evidence after the verdict
2) that could not w reasonable diligence, have been discovered before verdict
3) is not solely for purposes of impeachment
4) and would likely change the result
post trial mxn: mxn new trial: dl
must file w/in 28 days
post trial mxn: mxn for relief from judgment: def
just asks the court to undo the judgment
post trial mxn: mxn for relief from judgment: grounds: mnemonic
Make Noise For Very Soft Cats
post trial mxn: mxn for relief from judgment: grounds
1) Mistake
2) Newly Discovered Evidence
3) Fraud
4) Void (judgment)
5) satisfied (j. has been)
6) Catch-All
post trial mxn: mxn for relief from judgment: grounds: mistake: rule
Mistake, inadvertence, or excusable neglect
ex. defaults
post trial mxn: mxn for relief from judgment: grounds: newly discovered evidence: rule
same standard as mxn new trial:
1) party discovers evidence after the verdict
2) that could not w reasonable diligence, have been discovered before verdict
3) is not solely for purposes of impeachment
4) and would likely change the result
post trial mxn: mxn for relief from judgment: grounds: fraud: rule
fraud / misrep / misconduct by a party
ex: withholding evidence, bribing wits, false sts to court/parties
post trial mxn: mxn for relief from judgment: grounds: judgment is void: rule
court lacked SMJ or PJ
post trial mxn: mxn for relief from judgment: grounds: judgment has been satisfied: rule
party satisfied the judgment against it – discharged so no longer under supervision of the court
post trial mxn: mxn for relief from judgment: grounds: catch-all: rule
CAN’T BE USED if one of the 5 options above is appropriate
post trial mxn: mxn for relief from judgment: timing: rule
1) w/in reasonable time (always)
2) if based on first 3 grounds (mistake, new evidence, fraud) = w/in 1 year!!
