CPLR Art 41 Volume 2 Flashcards
4110b-Instructions to Jury; Objection
- At the close of the evidence or earlier, any party can request the court to instruct the jury on the _____ as set forth in their requests.
- The court, without the _____ present, will advise counsel on what they intend to say.
- The court will instruct the jury after _______ are completed, and any objections by counsel to those instructions must be made before the jury __________
Law ….. jury…… arguments ……. retires to deliberate
4110b-Instructions to Jury; Objection
A party must object to the giving or failure to give an instruction before the jury _____ to consider its verdict, stating the matter to which they object and the grounds of their objection, and the opportunity to object without the jury present shall be given.
retires
4110c- Trial Jury ; Viewing of Premises
At any time before _______ if the court is of the opinion it will be helpful to the jury, it may allow the viewing of the premises where the cause of action occurred.
summations
4110c- Trial Jury ; Viewing of Premises
The ________ Shall be present and there shall be NO discussions.
Court
4110c- Trial Jury ; Viewing of Premises
The jury must be kept together throughout under the supervision of an appropriate _______________ appointed by the court
public servant or servants
4110c- Trial Jury ; Viewing of Premises
The parties to the action and counsel for them (MAY/SHALL) as a matter of right be present throughout, but such right may be waived.
MAY
4111- General and Special Verdicts
The court may direct the jury to find either a___________ or _________ verdict
General or a Special
4111- General and Special Verdicts
A __________ verdict is one in which the jury finds in favor of one or more parties
General
4111- General and Special Verdicts
A ____________ verdict is one in which the jury finds the facts only, leaving the court to determine who is entitled to a judgment
Special
4111- General and Special Verdicts
Special verdict:
- The court must submit ________ or __________ to the jury in a special verdict case, or use any other appropriate method to ensure the jury’s findings are written, clear, and concise on each issue.
- The court shall give sufficient instruction to enable the jury to make its findings upon each issue.
written questions or forms of findings
4111- General and Special Verdicts
Special verdict:
If the court omits an __________ from the jury’s instructions, a party waives their right to a jury trial on that issue unless they demand that the issue be submitted to the jury before the jury retires. If the party does not demand the issue, the court may make an express finding or shall be deemed to have made a finding in accordance with the judgment.
issue of fact
4111- General and Special Verdicts
General verdict:
A court may require a jury to return a general verdict and answer ___________ on one or more issues of fact, and the court must provide instructions to enable the jury to do so.
written interrogatories
4111- General and Special Verdicts
General verdict:
When the answers are consistent with each other but one or more is inconsistent with the general verdict, the court shall direct the entry of judgment in accordance with the answers, notwithstanding the general verdict, or it shall require the jury to further consider its answers and verdict or it shall order ___________
a new trial.
4111- General and Special Verdicts
General verdict:
When the answers are inconsistent with each other and one or more is inconsistent with the general verdict, the court shall require the jury to further consider its answers and verdict or it shall order _______
a new trial.
4111- General and Special Verdicts
Itemized verdict in medical, dental, or podiatric malpractice actions:
- In all medical, dental, or podiatric malpractice cases, the jury must be instructed that if they award damages, they must specify the applicable elements of ______ and _____________ upon which the award is based and the amount assigned to each element.
- Each element shall be further itemized into amounts intended to compensate for damages which have been incurred - both before the verdict and will after ____________
special and general damages…….. the verdict
4111- General and Special Verdicts
Itemized verdict in medical, dental, or podiatric malpractice actions:
For Compensation for future wrongful death damages, future loss of services, and future loss of consortium, the jury shall return the ____________ of damages for each such item.
total amount
4111- General and Special Verdicts
Itemized verdict in medical, dental, or podiatric malpractice actions:
For compensation for future pain and suffering, the jury shall return the ________ of damages for future pain and suffering and shall state the period of years over which such amounts are intended to provide __________
total amounts……… compensation.
4111- General and Special Verdicts
Itemized verdict in medical, dental, or podiatric malpractice actions:
For future economic and pecuniary damages other than in wrongful death actions, the jury must itemize the damages by specifying the annual amount in current dollars, the _________ for which the compensation is applicable, the growth rate of that period, and whether the loss or item of damage is permanent.
period of years
4111- General and Special Verdicts
Itemized verdict in medical, dental, or podiatric malpractice actions:
Where the needs change in the future for a particular item of damage, that change shall be submitted to the jury as a ________________ commencing at that time.
separate item of damage
4111- General and Special Verdicts
Itemized verdict in medical, dental, or podiatric malpractice actions:
In all such actions other than wrongful death actions, the jury shall be instructed that the findings it makes for future economic damages, shall be used by the court to determine ____________ payable to the plaintiff over time.
future damages
4111- General and Special Verdicts
Itemized verdict in certain actions:
- In personal injury, injury to property or wrongful death actions, which are not medical, dental, or podiatric malpractice cases, the jury will be instructed they must specify the elements of ___________ and ___________ upon which the award is based and the amount assigned to each element.
- Each element shall be further itemized into amounts intended to compensate for damages which have been incurred - both before the verdict and will after the verdict, and shall state the _______________ over which such amounts are intended to provide compensation.
special and general damages….. future period of years
4111- General and Special Verdicts
Itemized verdict in certain actions:
In Medical and Dental Malpractice Actions and Personal Injury, Injury to Property and Wrongful Death Actions with periodic payment of judgments, in computing said damages, the jury shall be instructed to award the full amount of future damages, as calculated, without reduction to __________
present value.
4112- Entry of Verdict
When the jury renders a verdict, the clerk shall make an entry in your minutes specifying:
1.The time and place of _________
2.The names of _______ and ________
3. The _________ along with any answers to written interrogatories or the questions and answers constituting the ___________
4. The direction if any the court gives for ___________
Trial….. jurors and witnesses……. general verdict….. special verdict… subsequent proceedings
4113- Disagreement by Jury
A verdict may be rendered by not less than _________ of the jurors
five sixths (5/6)
4113- Disagreement by Jury
When they cannot agree by _____________ , the court shall discharge the jury and order a new trial before another jury
a reasonable time
