Adjudication at Trial

Question 1

Right to a Jury Trial

Answer 1

7th amendment (civil cases, federal court)

7th amend.

(1) preserves the right (Would you get a jury trial in 1791 England at common law)
- Is the claim asserted “analogous” to a claim that existed in 1791?
- Focus on the Remedy sought…
(2) only in cases at law, not equity

Law Court (compensatory damages) had jury
- $ to make you whole

Equity Court (injunction, court order to do not do something, specific performance of a K) didn’t have jury

Mix cases
Old View- Looks at MOST important piece/ the thrust of the case (equity clean up doctrine “all or nothing”)

Modern View-
(1) Court determines the jury right issue by issue (no longer “all or nothing” )
(2) If an issue of fact underlines both claim for legal and equitable, you get a jury.
(3) Generally, try the jury issues first.

Question 2

Selection of a Jury

Question 3

Veneer

Answer 3

Is the group from which the final jury will be elected

Question 4

Voir Dire Process

Answer 4

Lawyer or Judge asks questions

Each party has a chance to challenge potential jurors and ask the judge to strike juror

(1) Challenge for Cause
(unlimited)
(2) Peremptory Challenge (each get 3)
No Reason /
historical: no justification
Modern: Must have race and gender-neutral reason for using this challenge

Question 5

Special motion at trial or after

Answer 5

Judgement as a matter of law 50(a) “directed verdict”
- At Trial
- Standard
(1) Grant, if the judge decides that reasonable people could not disagree on the result
(2) Timing, only moves if the other side has been heard on an issue

Functional Equivalent as Summary Judgement

Renewed Motion 50(b)
Denied JMOL
Losing party will make 50(b)
If granted take victory away and give it to loser

50(b) need to make motion within 28 days
Must need a 50(a) at trial (after other side has been heard)

59(a)(1) New Trial
After trial motion, have 28 days after entry of judgement
Takes victory away from one side but do not enter victory for other
- (1) Trial judge convinced there was a mistake, and affected outcome and need new trial to fix it (rather than let things get appealed)

Question 6

Which statement best describes the roles of the judge and jury as finders of fact in the trial of the parties’ claims?

Answer 6

If legal and equitable claims are joined in one action involving common fact issues, the legal claim is tried first before the jury, and then the equitable claim is tried to the court. The jury’s finding on fact issues will bind the court in the equitable claim.