Civ Pro - Control the Jury

Question 1

Jury evidence assumption

Answer 1

Assumption that a lay jury is less able to separate the probative (serving to prove) from the unreliable or inflammatory.

Question 2

Federal Rule of Evidence 403

Answer 2

Federal Rule of Evidence 403 provides the court may exclude even “relevant evidence…if its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, or misleading the jury….”

Question 3

How may court limit evidence

Answer 3

Evidence may be subject to “limiting instructions” instead of being excluded completely.

Sometimes evidence may be admitted for another purpose,
such as impeachment or resolving disputes.

Question 4

Rule 51 a

Answer 4

(a) Requests.
(1) Before or at the Close of the Evidence. At the close of the evidence or at any earlier reasonable time that the court orders, a party may file and furnish to every other party written requests for the jury instructions it wants the court to give.
(2) After the Close of the Evidence. After the close of the evidence, a party may:
(A) file requests for instructions on issues that could not reasonably have been anticipated by an earlier time that the court set for requests; and
(B) with the court’s permission, file untimely requests for instructions on any issue.

Question 5

Rule 51 b

Answer 5

(b) Instructions. The court:
(1) must inform the parties of its proposed instructions and proposed action on the requests before instructing the jury and before final jury arguments;
(2) must give the parties an opportunity to object on the record and out of the jury’s hearing before the instructions and arguments are delivered; and
(3) may instruct the jury at any time before the jury is discharged.

Question 6

Who submits proposed jury instructions

Answer 6

•Each litigant submits a jury instruction
proposal to court
(opportunity to control the content).

Question 7

Who decides what instructions to give

Answer 7

Court decides which instructions to give.

Question 8

How should you approach jury instructions

Answer 8

Try to get favorable statement for client, but if jury instructions misstate the law or are overly prejudicial to one side, the resulting judgment is vulnerable to being reversed on appeal.

Question 9

FRCP 51d.

Answer 9

To appeal an instruction or failure to give an instruction, parties must object on the record.
Unraised objections are waived, exception for plain error. FRCP 51d.

Question 10

What are standards of review

Answer 10

Standard of review: Even if the jury instructions are inaccurate or otherwise flawed, the court is not required to reverse the judgment on the verdict. No change if error is “harmless”

Question 11

Rule 51 c

Answer 11

(c) Objections.

(1) How to Make. A party who objects to an instruction or the failure to give an instruction must do so on the record, stating distinctly the matter objected to and the grounds for the objection.

(2) When to Make. An objection is timely if:

(A) a party objects at the opportunity provided under Rule 51(b)(2); or

(B) a party was not informed of an instruction or action on a request before that opportunity to object, and the party objects promptly after learning that the instruction or request will be, or has been, given or refused.

Question 12

Rule 51 d

Answer 12

(d) Assigning Error; Plain Error.

(1) Assigning Error. A party may assign as error:

(A) an error in an instruction actually given, if that party properly objected; or

(B) a failure to give an instruction, if that party properly requested it and—unless the court rejected the request in a definitive ruling on the record—also properly objected.

(2) Plain Error. A court may consider a plain error in the instructions that has not been preserved as required by Rule 51(d)(1) if the error affects substantial rights.

Question 13

What are pattern jury instructions

Answer 13

Form jury instructions within a court developed by a panel of judges, experts.

Question 14

Jury verdicts in a civil trial must be

Answer 14

must be unanimous unless the parties agree otherwise. If jurors unable to reach a unanimous verdict=mistrial.

Question 15

What is a general verdict

Answer 15

3) General verdict is in favor of P or D without explanation. This is a traditional verdict.

Question 16

What are the problems with a general verdict

Answer 16

You can’t determine whether the jury properly considered and resolved each necessary issue. (issue preclusion can be a problem)
b) More difficult to discern whether an erroneous instruction tainted the verdict when multiple grounds for the result. Example p. 1104 -

Question 17

Rule 48

Answer 17

(a) Number of Jurors.
A jury must begin with at least 6 and no more than 12 members, and each
juror must participate in the verdict unless excused under Rule 47(c). (b) Verdict. Unless the parties stipulate otherwise, the verdict must be unanimous and must be returned by a jury of at least 6 members. (c) Polling.
After a verdict is returned but before the jury is discharged, the
court must on a party’s request, or may on its own, poll the jurors
individually. If the poll reveals a lack of unanimity or lack of assent
by the number of jurors that the parties stipulated to, the court may
direct the jury to deliberate further or may order a new trial.

Question 18

Rule 48

Answer 18

(a) Number of Jurors.
A jury must begin with at least 6 and no more than 12 members, and each
juror must participate in the verdict unless excused under Rule 47(c). (b) Verdict. Unless the parties stipulate otherwise, the verdict must be unanimous and must be returned by a jury of at least 6 members. (c) Polling.
After a verdict is returned but before the jury is discharged, the
court must on a party’s request, or may on its own, poll the jurors
individually. If the poll reveals a lack of unanimity or lack of assent
by the number of jurors that the parties stipulated to, the court may
direct the jury to deliberate further or may order a new trial.

Question 19

Rule 48

Answer 19

(a) Number of Jurors.
A jury must begin with at least 6 and no more than 12 members, and each
juror must participate in the verdict unless excused under Rule 47(c). (b) Verdict. Unless the parties stipulate otherwise, the verdict must be unanimous and must be returned by a jury of at least 6 members. (c) Polling.
After a verdict is returned but before the jury is discharged, the
court must on a party’s request, or may on its own, poll the jurors
individually. If the poll reveals a lack of unanimity or lack of assent
by the number of jurors that the parties stipulated to, the court may
direct the jury to deliberate further or may order a new trial.

Question 20

Rule 49 - Special verdict

Answer 20

(a) Special Verdict. (1) In General.
The court may require a jury to return only a special verdict in the
form of a special written finding on each issue of fact. The court may
do so by: (A) submitting written questions susceptible of a categorical or other brief answer; (B) submitting written forms of the special findings that might properly be made under the pleadings and evidence; or (C) using any other method that the court considers appropriate. (2) Instructions.
The court must give the instructions and explanations necessary to
enable the jury to make its findings on each submitted issue. (3) Issues Not Submitted.
A party waives the right to a jury trial on any issue of fact raised by
the pleadings or evidence but not submitted to the jury unless, before
the jury retires, the party demands its submission to the jury. If the
party does not demand submission, the court may make a finding on the
issue. If the court makes no finding, it is considered to have made a
finding consistent with its judgment on the special verdict.

Question 21

Rule 49 - general verdict

Answer 21

b) General Verdict with Answers to Written Questions. (1) In General.
The court may submit to the jury forms for a general verdict, together
with written questions on one or more issues of fact that the jury must
decide. The court must give the instructions and explanations necessary
to enable the jury to render a general verdict and answer the questions
in writing, and must direct the jury to do both. (2) Verdict and Answers Consistent. When the general verdict and the answers are consistent, the court must approve, for entry under Rule 58, an appropriate judgment on the verdict and answers. (3) Answers Inconsistent with the Verdict. When the answers are consistent with each other but one or more is inconsistent with the general verdict, the court may: (A) approve, for entry under Rule 58, an appropriate judgment according to the answers, notwithstanding the general verdict; (B) direct the jury to further consider its answers and verdict; or (C) order a new trial. (4) Answers Inconsistent with Each Other and the Verdict.
When the answers are inconsistent with each other and one or more is
also inconsistent with the general verdict, judgment must not be
entered; instead, the court must direct the jury to further consider its
answers and verdict, or must order a new trial.

Question 22

Special vs general verdicts

Answer 22

Special verdict says here are the specific facts 1,2,3. General verdict is “defendant is liable/not liable”

Question 23

Rule 52

Answer 23

Judge deciding without a jury: a) Findings and Conclusions. (1) In General.
In an action tried on the facts without a jury or with an advisory
jury, the court must find the facts specially and state its conclusions
of law separately. The findings and conclusions may be stated on the
record after the close of the evidence or may appear in an opinion or a
memorandum of decision filed by the court. Judgment must be entered
under Rule 58 (2) For an Interlocutory Injunction.
In granting or refusing an interlocutory injunction, the court must
similarly state the findings and conclusions that support its action. (3) For a Motion. The court is not required to state findings or conclusions when ruling on a motion under Rule 12 or 56 or, unless these rules provide otherwise, on any other motion. (4) Effect of a Master’s Findings. A master’s findings, to the extent adopted by the court, must be considered the court’s findings. (5) Questioning the Evidentiary Support.
A party may later question the sufficiency of the evidence supporting
the findings, whether or not the party requested findings, objected to
them, moved to amend them, or moved for partial findings. (6) Setting Aside the Findings.
Findings of fact, whether based on oral or other evidence, must not be
set aside unless clearly erroneous, and the reviewing court must give
due regard to the trial court’s opportunity to judge the witnesses’
credibility. (b) Amended or Additional Findings.
On a party’s motion filed no later than 28 days after the entry of
judgment, the court may amend its findings—or make additional
findings—and may amend the judgment accordingly. The motion may
accompany a motion for a new trial under Rule 59. (c) Judgment on Partial Findings.
If a party has been fully heard on an issue during a nonjury trial and
the court finds against the party on that issue, the court may enter
judgment against the party on a claim or defense that, under the
controlling law, can be maintained or defeated only with a favorable
finding on that issue. The court may, however, decline to render any
judgment until the close of the evidence. A judgment on partial findings
must be supported by findings of fact and conclusions of law as
required by Rule 52(a).

Question 24

Do jurors have to give a reason for a result

Answer 24

A jury acts as a “black box” in that the jurors may issue a general verdict of liability or none without stating any reason for the result.

Question 25

What is a special verdict

Answer 25

Special verdicts require jurors to make special written findings on issues.

Question 26

???

Answer 26

1.Special verdicts require
jurors to make special written findings on issues.

2.General verdicts with answers to
written questions are
a hybrid, and there is greater risk of inconsistencies.

3.In contrast to jury verdicts, Rule 52a
requires a verdict
by a judge without a jury
to “find
the facts specially
and [to] state…conclusions of law separately.”

Question 27

Special verdicts

Answer 27

are juries finding on facts. Court may then make a decision on the whole case.

Question 28

How do court decide to pursue a genearl or special verdict?

Answer 28

The parties request it.

Question 29

What occurs if jury’s answer is inconsistent ?? (CHECK THIS +)

Answer 29

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Question 30

What is a general verdict with an interrogatory?

Answer 30

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