Judges, Juries, and Trials

Question 1

Judge disqualification: 28 U.S.C. § 455(b)

Answer 1

i. judge shall disqualify herself if:
1. She has personal bias or prejudice concerning a party to the case;
2. She has personal knowledge of disputed evidentiary facts about the case;
3. She previously served as a lawyer in the matter in controversy;
4. (While in private practice) a lawyer in the judge’s firm previously served as a lawyer in the matter in controversy;
5. (While in private practice) the judge or a lawyer in her law firm served as a material witness concerning the matter in controversy;
6. (While in government service) the judge served as a counsel, adviser, or material witness concerning the proceeding;
7. (While in government service) the judge expressed an opinion on the merits of the particular case in controversy;
8. The judge, her spouse, or one of her children residing in her house has a financial interest in the matter or a party, or any other interest that could be substantially affected by the outcome;
9. A close relative of the judge (within the third degree) is:
10. a party to the case;
11. a lawyer in the case;
12. is a material witness in the case.

Question 2

28 U.S.C § 455(a): The Catch-All

Answer 2

“Any justice, judge or magistrate of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”

Question 3

Caperton v. A.T. Massey

Answer 3

Massey donated $$ to person that would be judge b/c he knew his $50 million dollar case was pending. Caperton seeking recusal for Justice Benjamin b/c due process demands it. Due process means fairness: when the probability of actual bias is too high to be constitutional tolerable.
i. Focus on precedents & pending vs. imminent. Direct financial incentive here. Recusal here adds to public confidence.

Question 4

Basic Juror Qualifications: 28 USC 1865(b)

Answer 4

1. 18-years-old.
2. Resident of judicial district for one year.
3. Citizen of the United States.
4. Can speak English.
5. Can read, write, and understand English sufficiently to fill out juror qualification form.
6. Mentally and physically able to perform jury service.
7. Not a convicted felon (or someone with a felony charge pending).

Question 5

Jury Selection

Answer 5

1. create jury pool; 2. void dire (selecting the petit jury)

Question 6

Voir dire framework

Answer 6

a. Put eight people in the jury box. (2 are alternatives
b. Let the parties give a general statement of the case.
c. Then start kicking people out of the box either:
d. With a challenge for cause; or
e. With the exercise of a peremptory challenge.
f. After kick someone out, add someone new.

Question 7

Thompson

Answer 7

small business owner is vague about whether she can follow instruction. Posner said she would be biased. Integrity of the jury is importante.

Question 8

Batson’s 3 steps

Answer 8

1. First, must make a prima facie showing that a peremptory challenge has been exercised on the basis of race;
2. Second, if that showing has been made, the party exercising the peremptory challenge must offer a race-neutral basis for striking the juror in question; and
3. Third, in light of the evidence, the trial court must determine whether purposeful discrimination has occurred. See Snyder v. Louisiana (2008).

Question 9

Pre-verdict control over the jury

Answer 9

Judgment as a matter of law

Question 10

JML: 50(a)

Answer 10

if a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on the issue, the court may . . . grant a motion for judgment as a matter of law against the party . . .”

Question 11

Chamberlain

Answer 11

2 car string train hit by 7 car string and 1 person died. Witnesses on train say no collision. Other person says collision. Judges cannot determine the credibility of witnesses when ruling upon JML. A mere scintilla is insufficient.

Question 12

Post-verdict control over the jury:

Answer 12

i. 7th Amendment: “. . . no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.”
ii. Want to give litigants an opportunity to fix the problem before its too late (opportunity, notice, fairness)
iii. Judgment notwithstanding the verdict (J.N.O.V.)/Renewed Motion for Judgment as a Matter of Law
iv. Motion for a new trial
v. juror evidence

Question 13

motion for a new trial

Answer 13

1. Reasons: procedural error (e.g., incorrect jury instructions; incorrect evidentiary ruling) & substantive error (i.e., wrong verdict): verdict “against the great weight of the evidence”
2. Weight of the evidence.
3. New trial for damages: yes.
4. Remittitur and Additur

Question 14

Remittitur

Answer 14

reducing damages

Question 15

Additur

Answer 15

raising damages (not allowed)