Judge and Jury (Chapter 5)

Question 1

When can a motion for judgment as a matter of law be made?

*Hint: p. 289 in Rowe, Sherry, Tidmarsh “Civil Procedure (Third Edition)”

Answer 1

As soon as an opposing party has been “fully heard on an issue”.

A court can grant a motion for judgment as a matter of law only on a ground on which the nonmoving party has been afforded an opportunity to reply.

The ‘fully heard’ requirement prevents a court from granting the motion without allowing the nonmoving party to present their evidence.

Question 2

Judgment as a matter of law acts as a judicial check on the work of _________.

*Hint: p. 289 in Rowe, Sherry, Tidmarsh “Civil Procedure (Third Edition)”

Answer 2

The jury.

Question 3

According to Rule ____, the court determines the content of the jury instructions.

A. 48
B. 53
C. 51
D. 46

*Hint: p. 290 in Rowe, Sherry, Tidmarsh “Civil Procedure (Third Edition)”

Answer 3

C. 51

Rule 51 addresses:

1. The timing for requesting jury instructions
2. The manner in which an opposing party must object to an instruction
3. The time by which the judge must inform the parties of the instructions that the jury will be read
4. The consequences of failing to give a correct instruction