Civ Pro Flashcards
Describe the right to trial by jury in civil actions…
The 7th amendment of the constitution preserves a right to trial by jury in civil actions at common law. There is no such right to trial by jury in civil actions at equity.
When to seek civil jury trial?
Under Fed rule 38(b)(1), a jury trial demand must be served no later than 14 days after service of the last pleading raising/directed at the question of law or issue on which the jury is sought.
For example, including the demand in a properly filed and served compliant secures the right.
CA Distinction: At time the case is set for trial or within 5 days of scheduling trial date. Failure to meet demand requirement constitutes a waiver.
What happens if there is both a question of law (e.g., damages) and equitable issue (e.g., injunction)
[Handles boht, QoL first then EI 2nds]
What is the process by which jurors are questioned to sit on a jury?
Voir dire is a process by which an attorney can seek to have the court disqualify or exclude prospective jurors.
A lawyer may exercise up to three peremptory challenges or they may exercise unlimited exclusion “for cause.”
In federal court the process is conducted by a judge.
The judge may question the prospective juror or take into account certain evidence (such as a statement that they can fairly consider evidence) though standalone that would not be determinative for a decision not to strike.
What is a challenge for cause?
A challenge for cause requires the court’s objective determination as to whether the potential juror meets the statutory qualifications for jury duty. In making this determination, the court will consider only (1) a potential juror’s relationship to one of the litigants or (2) evidence of bias or prejudice regarding one of the litigants.
For example (re: relationship) stock ownership or having a spouse who works or worked for a litigant has been found to create a presumption of bias that merits striking a potential juror for cause.
What is a peremptory challenge?
Peremptory challenges (“PEs”) allow an attorney to disqualify a potential juror because the juror has displayed an attitude or characteristic that is unfavorable to the attorney’s client but that does not rise to the level of bias or a relationship to one of the litigants that would be grounds for a challenge for cause. PC can be for any reason other than race or gender (which is unconstitutional).
CA Distinction: 6 PCs. Any reason other than race, religion, color, sex, sexual orientation or national origin (more protective).
Jury Selection: What is the number of jurors?
Federal: at least 6, no more than 12 vs. CA: 12, unless parties agree in open court to a lesser number.
Jury Selection: Must the decision be unanimous?
Federal: yes (unless the parties stipulate otherwise) vs. CA: 75%.
How can a judge take a case away from a jury?
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What is judgment as a matter of law (JMOL)?
The standard for granting JMOL is that no reasonable person could differ as to the outcome of the trial and find in favor of the non-moving party. The judge is essentially agreeing that all facts and matters of law are in the moving party’s favor, thus the case may be taken away from the jury, and the judge will resolve the case and enter judgment for the moving party,
First, the motion must occur after all trial evidence is submitted (or, in the case of the defendant moving, after the plaintiff has submitted their evidence) and before the court submits the case to the jury (i.e., before they adjourn to deliberate and pre-verdict).
It is an extremely difficult standard to meet, and evidence is viewed in the light most favorable to the non-moving party.
Opens the door for renewed motion for judgment as a matter of law (fk/a judgment notwithstanding verdict) and preserves for appeal.
Note: “evidence is legally insufficient to allow the jury to decide the case” in MC.
What is a renewed JMOL?
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What is a motion for new trial?
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