Conferences, Trial, Judgment, and Post-Trial Motions

Question 1

A motion in limine is a ___.

Answer 1

Pretrial motion outside the presence of the jury to decide whether the jury should hear certain evidence

Question 2

Jury comes in for actions at ___, while actions in ___ go to a judge. For mixed suits, this happens:

Answer 2

Law; equity

Facts underlying damages are tried first before the jury, then facts relating only to the equity claim are tried before the judge

Question 3

Party must demand a jury ___ no more than ___ after service if the last pleading that addresses an issue that’s triable by a jury.

Answer 3

In writing

14 days

Question 4

In voir dire, there are ___ challenges for cause. A party can generally get ___ peremptory challenges.

Answer 4

Unlimited; 3

Question 5

Before final argument and instruction, the court must tell the jury:

Parties must be allowed to ___.

Answer 5

What instructions it will give, and what proposed instructions it rejected

Object on the record and out of the jury’s hearing

Question 6

If jury returns general verdict with written questions and the answers are consistent with one another but inconsistent with the verdict, the judge ___.

Answer 6

Can enter the appropriate judgment that is consistent with the answers

Question 7

If the jury’s answers are inconsistent with each other and one or more is inconsistent with the general judgment, the judge ___.

Answer 7

May not enter a general verdict but may order the jury to reconsider OR order a new trial

Question 8

Bench trial: the judge must record her ___.

Answer 8

Findings of fact (orally or in writing) and her conclusions of law, stated separately from the fact

Question 9

A successful motion for JMOL means the case will not ___.

Answer 9

Go to a jury. Judge grants the motion and enters judgment based on evidence presented at trial

Question 10

JMOL standard: ____.

Court views the evidence in the light most favorable to the ___.

Answer 10

Reasonable people could not disagree on the result

Nonmoving party

Question 11

Timing: a party can move for JMOL ___.

Answer 11

After the other party has been heard at trial on the issue

Question 12

RJMOL is the same as JMOL, but comes up ___.

Answer 12

After trial, for the party that lost the jury verdict

Question 13

RJMOL must be made within ___ after the entry of judgment, and may only be made if the party ___.
Also, the RJMOL must be based upon the ___ as the JMOL.

Answer 13

28 days; moved for JMOL at the proper time at JMOL

Same grounds