conferences, trials, judgement, post-trial

Question 1

voir dire is another word for

Answer 1

jury selection process

Question 2

general verdict

Answer 2

says who wins, if P is winner, says what the relief it

Question 3

special verdict

Answer 3

jury answers questions in writing which have to do with the facts in dispute but does not say who wins or loses

Question 4

general verdict with written Qs

Answer 4

jury gives a general verdict and answers specific Qs

Question 5

if jury returns a general verdict who enters

Answer 5

clerk

Question 6

if jury returns a special verdict who enters

Answer 6

if answers are consistent with each other and verdict

then

judge approves, clerk enters

Question 7

general verdict with written Qs

answers are consistent w each other BUT NOT with verdict

what. happens?

Answer 7

court can enter a verdict consistent with the answers

Question 8

general verdict with written Qs

answers are NOT consistent w each other and (one or more answer) NOT consistent with verdict

what. happens?

Answer 8

no judgement can be entered!!

Question 9

what is jmol

Answer 9

motion made by a party, during trial, claiming the opposing party has insufficient evidence to reasonably support its case.

Question 10

JMOL applies in

Answer 10

jury trials

Question 11

if judge gives a JMOL

Answer 11

case does NOT go to jury, judge grants motion and enters judgement

Question 12

party can move for JMOL when

Answer 12

the other side has been heard at trial on the issues

Question 13

RJMOL (renewed JMOL)

Answer 13

same at JMOL but comes up after trial

Question 14

who enters judgement RJMOL and for which party

Answer 14

court

enters for party that lost the jury verdict

Question 15

JMOL and RJMOL court looks at evidence in the light most favourable to which party

Answer 15

nonmoving party

Question 16

RJMOL must be made in how many days after entry of judgement

Answer 16

28 days

Question 17

absolute prereq for RJMOL

Answer 17

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

Question 19

motion for new trial must be requested how many days after the judgment

Answer 19

28 days

Question 20

remittitur

Answer 20

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.

Question 21

additur

Answer 21

tells D: add damages to award or go thru a new trial

NOT ALLOWED IN FEDERAL COURT → violates 7th A

Question 22

D can submit formal offer to settle the case how many days?

Answer 22

up to 14 days before trial

Question 23

motion for relief aka motion to set judgement aside can be granted under what grounds and what timing - see p97

Answer 23

1. clerical error - any time
2. mistake - reasonable time, max 1 year
3. fraud, misrep, misconduct - reasonable time, max 1 year
4. new evidence - reasonable time, max 1 year
5. void judgement - reasonable time, no max

Question 24

list (3)

Affidavits used to support motions for summary judgment must

Answer 24

1. be made on personal knowledge
2. set forth such facts that would be admissible in evidence; -AND-
3. show the affiant is competent to testify.

Question 25

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?)

Answer 25

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)

Question 26

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.