AD: Trial, Judgment, and Post-Trial Motions

Question 1

Right to Jury Trial

Answer 1

• Seventh Amendment (which applies ONLY in federal court (not state court)) preserves the right to jury in “civil actions at law,” but not in suits at equity.
  
  • if split, jury for civil issue, not for injunctive relief
  • Jury issues are tried first

Question 2

Demanding Jury

Answer 2

• Must do it in writing
• no later than 14 days after service of the last pleading rasiing jury triable issue
• otherwise, waive your right to trial by jury

Question 3

Voir Dire

Answer 3

• each side can strike potential jurors
• no limit on strikes for cause (biase, predjudice, relations)

Three preemptory strikes–no reason necessary but must be used in a racial or gender neutral way

6-12 jurors

Question 4

MOtion for judgment as a matter of Law (JMOL)

Answer 4

• take case away from trial after the other side has been heard at trial
• STandard: Reasonable people could not disagree on the result
• Court views evdience in light most favorable to non-moving party
• VERY ESXTREME

Question 5

Renewed Motion for Judgment as a Matter of Law

Answer 5

• Same as JMOL but comes after trial
• Court enters jdugment for party that lost jury verdict.
• Must move within 28 days after entry of judgment
• Same standard as JMOL
• Must have brought JMOL perviously

Question 6

Motion for New Trial

Answer 6

• Judgment has been entred but errors require new trial
• Move within 28 days
• LEss drastic than RJMOL

Question 7

Grounds for New Trial

Answer 7

• Grounds for new trial:
  
  • (1) prejudicial (not harmless) error at trial makes judgment unfair (e.g., wrong jury instruction; evidentiary ruling);
  • (2) new evidence that could not have been obtained with due diligence for the original trial;
  • (3) prejudicial misconduct of party or attorney or third party or juror (e.g., juror conducted independent investigation of accident);
  • (4) judgment is against the weight of the evidence (serious error of judgment by jury);
  • (5) excessive or inadequate damages.

Question 8

Motion to set aside judgement