conferences, trials, judgement, post-trial Flashcards
voir dire is another word for
jury selection process
general verdict
says who wins, if P is winner, says what the relief it
special verdict
jury answers questions in writing which have to do with the facts in dispute but does not say who wins or loses
general verdict with written Qs
jury gives a general verdict and answers specific Qs
if jury returns a general verdict who enters
clerk
if jury returns a special verdict who enters
if answers are consistent with each other and verdict
then
judge approves, clerk enters
general verdict with written Qs
answers are consistent w each other BUT NOT with verdict
what. happens?
court can enter a verdict consistent with the answers
general verdict with written Qs
answers are NOT consistent w each other and (one or more answer) NOT consistent with verdict
what. happens?
no judgement can be entered!!
what is jmol
motion made by a party, during trial, claiming the opposing party has insufficient evidence to reasonably support its case.
JMOL applies in
jury trials
if judge gives a JMOL
case does NOT go to jury, judge grants motion and enters judgement
party can move for JMOL when
the other side has been heard at trial on the issues
RJMOL (renewed JMOL)
same at JMOL but comes up after trial
who enters judgement RJMOL and for which party
court
enters for party that lost the jury verdict
JMOL and RJMOL court looks at evidence in the light most favourable to which party
nonmoving party
RJMOL must be made in how many days after entry of judgement
28 days
absolute prereq for RJMOL
party must have moved for JMOL at the proper time…otherwise it is waived!!
AND
RJMOL must be based on the same grounds as JMOL
motion for new trial must be requested how many days after the judgment
28 days
remittitur
tells P: correct inequitable damages award or go thru new trial
give a trial court the ability, with the plaintiff’s consent, to correct an inequitable damage award or verdict without having to order a new trial.
additur
tells D: add damages to award or go thru a new trial
NOT ALLOWED IN FEDERAL COURT → violates 7th A
D can submit formal offer to settle the case how many days?
up to 14 days before trial
motion for relief aka motion to set judgement aside can be granted under what grounds and what timing - see p97
- clerical error - any time
- mistake - reasonable time, max 1 year
- fraud, misrep, misconduct - reasonable time, max 1 year
- new evidence - reasonable time, max 1 year
- void judgement - reasonable time, no max
list (3)
Affidavits used to support motions for summary judgment must
- be made on personal knowledge
- set forth such facts that would be admissible in evidence; -AND-
- show the affiant is competent to testify.
If legal and equitable claims are joined in one action involving common fact issues
what should be tried first? and to whom (court or jury?)
The legal claim should be tried first to the jury and then the equitable claim to the court (the jury’s finding on fact issues will bind the court in the equitable claim)
When a renewed motion for a JMOL and a motion for a new trial are made in the alternative, and the renewed motion is granted, the court must rule hypothetically on the new trial motion so that no remand is required if the ruling on the JMOL is subsequently reversed on appeal.
