class 12 Trials and Judgment as a Matter of Law Flashcards
rule 50 a JMOL
(1) 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 JMOL 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) A motion for JMOL may be made at any time before the case is submitted to the jury. .
Rule 50 (b) RJMOL; Alternative Motion for a New Trial
If the court does not grant a motion for JMOL made under 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 entry of judgment . . . the movant may file a renewed motion for JMOL and may include an alternative or joint request for a new trial under Rule 59.
In ruling on the renewed motion, the court may:
allow judgment on the verdict;
order a new trial; or
direct the entry of judgment as a matter of law.
function of the jury
As the traditional finder of the facts, it is the jury, not the court, that weighs conflicting evidence and inferences, and determines the credibility of witnesses.
Appeal from the Grant or Denial of a Rule 50 Motion
DCt grants Rule 50(a) motion to D. P may appeal that decision. If the court reverses, . . . ?
DCt denies Rule 50(a) motion by D. Jury returns verdict for P. DCt grants renewed 50(b) motion. P may appeal that decision, and if the court reverses, . . .?
No motion is made under 50(a). Jury returns verdict for P. D makes Rule 50(b) motion. What result?
DCt denies Rule 50(a) motion by D. Jury returns verdict for P. No post-verdict motion is made. D appeals, arguing the court erred in denying the 50(a) motion. What result?
