Adjudicating the Dispute: Trial, judgment and post trial motions ********** Flashcards
- Jury trial, rights and waiver
If we have a jury, it determines the facts and returns the “verdict.” If we don’t have a jury, the judge determines the facts (in a “bench trial”).
b. Right to jury trial in fed court—7th Amd preserves right to jury in “civil actions at law” where amount in controversy > $20. Doesn’t give right to trial by jury for equity cases.
iv. 7th amendment doesn’t apply in state court .No right to jury in state civil claims.
v. Must demand jury in writing no later than 14 days after service of the last pleading raising jury triable issue. If not, waive the right
If a case is both law and equity
- Jury decides all fact underlying damages claim but not equity. If a fact is relevent to both equity and law– jury decides it
iii. Trial will go in the order of jury issues first
vi. Right to jury trial includes if you counterclaim a case that has an equitable relief with a counterclaim that asks for legal relief
Selection and composition of jury
a. In the jury selection process (voir dire) each side may ask court to strike potential jurors. Two kinds of challenges
i. “For cause” – contention that a potential juror wont be impartial. No limit on how many motions for cause
1. owning stock = presumption of impartiality.
ii. Peremptory—historically didn’t have to say why. Limited to 3 per side.
1. May only be used in race and gender neutral manner. B/c selection is state action
2. May demonstrate discrimination through pattern of selections and other circumstantial evidence
iii. 6-12 jurors on civil jury in federal action
iv. All jurors participate unless excused for good cause
1. Can be excused for health problems. But cannot dip below 6 returning a verdict, must have all 6 unless parties agree otherwise
v. Unanimous vote required for verdict unless parties agree otherwise
Jury instructions
jury decides facts, instructed on law by the judge.
a. Parties submit proposed instructions at close of evidence.
b. Before final argument, court informs the parties of what instructions it will give and what proposed instructions It rejected
c. Parties must be allowed to make specific objections to instructions before final argument and instruction
d. If objections are not made before jury is charged, the party cannot raise a problem with jury instructions on appeal.
i. Exception: unless the instruction contained a plain error.
Types of jury verdicts
judge determines what verdict form the jury will use.
a. First option: general, jury says who wins and what relief is
b. Special: jury answers specific written questions about facts. Judge then reaches legal conclusion
c. Mix: general with specific interrogotaries. Gives general verdict but must also answer specific questions to make sure jury focuses on important issues
Entry of judgment
a. Clerk enters judgment if general verdict
b. If special or mixed verdict, the judge approves and the clerk enters it
c. If general verdict with special interrogatories, if the answers are consistent with each other but inconsistent with verdict, the court may enter an appropriate judgment consistent with the answers, or can tell the jury to reconsider or order a new trial.
d. What if the answers are inconsistent with each other and one or more is inconsistent with the general verdict (things are all messed up) – no judgment is entered
i. Either tell jury to reconsider or order new trial
Juror misconduct
can set aside the verdict and order a new trial
a. Verdict may be impeached based on external matters.
i. For ex bribery, or based verdict on other evidence, or jurors engaging in independent experiments or research
ii. Non-jurors may give evidence of extraneous prejudicial info or outside influence, NOT about statements made during deliberations, BUT NOT on whether it was an effect.
- drugs are not an outside influence
- cannot testify another juror lied, not an outside influence or prejudicial info
iii. A verdict wont be set aside if misconduct was harmless. For ex juror chatted withπ about the weather
Nonjury bench trials
a. When there is no jury (either 7th ad doesn’t apply or parties waived right to trial) judge determines trial
b. Judge must record findings of fact on record or in writing
c. Judge must also record conclusions of law stated separately from findings of fact
d. Judge must also enter the judgment
Motions at and after trial
- Motion for judgment as a matter of law, renewed motion for judgment as a matter of law, motion for a new trial, motion for relief from order or judgment
a. Motion for judgment as a matter of law (JMOL)
basically a directed verdict. Case wont go to jury, judge grants and enters judgment
i. Based on evidence presented at trial. Like summary judgment but now it’s after both discovery and the trial, whereas Summary judgment is before trial. ONLY IN JURY TRIALS.
1. Because reasonable people could not disagree on the result
or one party failed to raise an essential element of her claim
2. Party can move for JMOL after the other side has been heard at trial. D doesn’t have to make his own case
renewed motion for judgment as a matter of law
same as JMOL but after trial
1. Because reasonable people could not disagree on the result
or one party failed to raise an essential element of her claim
ii. If RJMOL is granted, the court enters judgment for the party that lost the jury verdict! (As with JMOL, the court views the evidence in the light most favorable to the non-moving party.)
iii. Move for RJMOL within 28 days after entry of judgment
iv. Absolute prerequisite to bringing RJMOL:
1. Must have moved for JMOL at a proper time at trial
2. Failure to do so waives RJMOL
3. Limited to those issues raised in the JMOL
motion for a new trial
judgment is entered, but error at trial requires new trial. Any non-harmless error that requires do-over. Must move within 28 days after judgment.
Examples
i. Erroneous jury instruction
ii. New evidence that couldn’t have gotten before with due diligence
iii. Misconduct by juror, party or lawyer
iv. Judgment is serious error
v. Inadequate or excessive damages or against the weight of the evidence
vi. Maybe party met standard for RJMOL but waived it by not moving for JMOL a trial. Can move for new trial.
vii. Less drastic than RJMOL, because same party may still win.
Remittitur and additur
a. New trial on the ground that damages is too small or too big—
b. But a lot of work, to avoid new trial, court may suggest remittitur or additur
c. Remittitur—playing hardball with the P
i. Jury awards 200k for small damage. Court can order new trial or suggest a lesser amount the court suggests. Must give πchoice
d. Additur—playing hardball with the ∆
i. For ex π suffered serious harm, but jury awarded small amount that shocks the conscious. Can order new trial or suggest additur. Court gives ∆ a choice of paying greater amount or go through new trial.
1. Additur is violation of 7th amdt– cannot be done in fed cts. Can only be done in state court
Offer of judgment
at least 14 days before trial, ∆ offers to pay settlement. If π rejects and wins a judgment that is no more favorable than the settlement. π is liable for ∆’s costs incurred after offer made.
a. Incentive to accept the offer
motion for relief from order or judgment
– we ask the district court to set aside an order or judgment it entered.
a. Grounds:
i. Clerical error – anytime
ii. Mistake, excusable neglect, including viable defense. Especially important in a default judgment. reasonable time (no more than 1 year)
iii. New evidence that couldn’t have been discovered with due diligence for a new trial motion – reasonable time (up to one year)
iv. Judgment is void (e.g. no SMJ) – reasonable time,
