Adjudication - Trial and final judgment Flashcards
What amendment preserves right to jury in civil actions at law?
7th amendment.
The 7th amendment preserves right to jury in civil actions at law but not …… actions. Fill in blank
Equity.
What if a federal case involves both law and equity? Ie claim for legal relief (damages) and for injunction (equitable)
Jury decides facts underlying damages claim but not equity.
Does the 7th amendment apply in the state courts?
No
When must you demand a jury in a federal proceeding?
In writing no later than 14 days after service of last pleading raising jury triable issue. If you don’t by this time you waive the right to a jury.
What are the two kinds of challenges to potential jurors?
1) for cause - potential juror is biased or prejudiced or related to a party. Can make as many strikes for cause as you like.
2) Peremptory - historically, one did not need to state a reason, you just dismiss potential juror. Only allowed three per side.
Can i make a peremptory strike on race and gender?
no they are gender and race neutral.
How many jurors can i have in a civil jury in federal court?
Minimum 6 and maximum of 12.
Unless agreed otherwise, what jury vote is required for a verdict?
Unanimous.
Does the jury decide the facts and the law?
No, just the facts, the judge instructs them on the law.
Parties submit proposed jury instructions to the Judge. Then what happens?
before final argument and instruction, court informs parties of what instructions it will give and of its rejection of any jury instructions.
The parties can object to each other’s jury instructions but when is final cut off?
Once the jury has been ‘charged’ (given the instructions)
What are the three types of verdict the jury will use?
1) General - says who wins and what relief is
2) Special - jury answers specific questions about facts in dispute. The judge then reaches legal conclusions
3) General verdict with special interrogatories - jury gives general verdict but also answers specific questions submitted to it.
What happens when the verdict is returned?
The court enters judgment.
What are the two challenges to a jury verdict?
1) Correctable errors - verdict shows jury didn’t follow instructions or internally inconsistent, can be set aside.
2) Juror misconduct - can set aside and order a new trial. May be impeached if jurors bribed, based verdict on independent investigation etc.
When there is no jury because 7th amendment does apply (equity) or they have waived the right to jury, who determines facts at trial?
Judge.
What is a motion for judgment as a matter of law?
Its where evidence presented at trial is such that any reasonable person could not disagree. Like SJ but this comes up at trial.
When can you move for a judgment as a matter of law?
After the other side has been heard at trial.
What is a renewed motion for judgment as a matter of law?
Same as JMOL but comes up after trial. Its where jury reached a conclusion reasonable people could not have reached.
If a RJMOL is granted what happens?
The court enters judgment for the party that lost the jury verdict.
When can you move for RJMOL?
Within 28 days after entry of judgment.
What is the absolute pre-requisite to bringing a RJMOL?
Must have moved for JMOL at proper time in the trial.
When can we motion for new trial?
Where there is any non harmless error that makes the judge think we should have a do over.
What re 5 examples of instances where we will need a new trial?
1) Judge gave erroneous jury instruction;
2) New evidence that couldn’t have been gotten with due diligence;
3) Misconduct by juror or party or lawyer;
4) Judgment is against weight of evidence;
5) Inadequate or excessive damages.
What is the standard for ordering new trial on the ground of excessive or inadequate damages?
Damages figure must shock the conscience.
A new trial is heaps of work, to avoid it, what might the Court suggest?
1) Remittitur
2) Additur
What is Remittitur?
Playing hardball with the Plaintiff. Gives P choose to take a lesser amount that the Court suggests or go through a new trial.
What is additur?
Playing hardball with D. Gives D a choice, pay a greater amount in damages which the court sets or go through a new trial.
Is additur allowed in federal court?
No, it is unconstitutional. Additur violates the 7th amendment. It is OK in the State court however.
What are the grounds to motion for relief or order judgment set aside?
1) Clerical error;
2) Mistake, excusable neglect;
3) New evidence that could not have been discovered with due diligence for a new trial motion
4) judgment is void due to no SMJ.
