Civ Pro - Judgement as a Matter of Law Flashcards
7th amendment
the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
R.50(a)
JMOL (formerly Directed Verdict) preempts a jury’s verdict;
R.50(b)
JMOL (formerly JNOV) reverses a jury’s verdict;
Rule 50 a statement
(a) Judgment as a Matter of Law.
(1) In General. If a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue, the court may:
(A) resolve the issue against the party; and
(B) grant a motion for judgment as a matter of law 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.
(2) Motion. A motion for judgment as a matter of law may be made at any time before the case is submitted to the jury. The motion must specify the judgment sought and the law and facts that entitle the movant to the judgment.
Rule 50 test
A legally sufficient evidentiary basis
Rule 50 b statement
50(b)Renewing the Motion After Trial; Alternative Motion for a New Trial.If the court does not grant a motion for judgment as a matter of law made underRule 50(a), the court is considered to have submitted the action to the jury subject to the court’s later deciding the legal questions raised by the motion. No later than 28 days after the entry of judgment—or if the motion addresses a jury issue not decided by a verdict, no later than 28 days after the jury was discharged—the movant may file a renewed motion for judgment as a matter of law and may include an alternative or joint request for a new trial underRule 59. In ruling on the renewed motion, the court may:
(1) allow judgment on the verdict, if the jury returned a verdict;
(2) order a new trial; or
(3) direct the entry of judgment as a matter of law.
What is a precipient witness
a witness that saw the evidence first hand
how can a nonmoving party provide evidence to defeat a 50a motion
There must be some conflict/contradiction of facts to survive a rule 50 a motion - CHECK THIS
Can rule 50 motion be made orally
) R. 50 motion can be made orally, but must specify the law and facts to entitle you to judgment.
when can party file a rule 50 motion
Parties can request more than one R. 50 motion. For example, D can file at the close of P’s case and/or at the close of all evidence. The close of all evidence is the better time to file for R. 50a.
What shoud be filed first, rule 50 a or b
) A party must file a R. 50a motion before filing a R.50b.
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50b must have something to renew
50a
Always file a 50a motion to ensure 50b can renew
What is the judicial standard of review for JMOL
De Novo Review because it is a legal question. Factual issues subject to clearly erronesous standard.
What does court consider to determine JMOL
To determine JMOL, the court will consider the nonmoving party’s evidence along with the moving party’s uncontradicted and unimpeached evidence
