Judgment as a Matter of Law (JMOL)

Question 1

Phases of a civil jury trial

Answer 1

• Jury selection
  
  • Opening statements by each party (trial begins)
  • Plaintiffs case
  • Ds case
  • (P has an opportunity for rebuttal)
  • Closing statements by each party
  • Judge instructs the jury on the law to be applied and the case is submitted to the jury
  • Jury deliberates in private before rendering its verdict in open crt
  • Trial is complete jury is discharged

Question 2

FRCP 50 Judgment as a Matter of Law in a Jury trial
A

Answer 2

• (a) judgment as a matter of law
  ○ (1) in general - 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 that issue the court may
  § (a) resolve the issue against the party and
  § (b) grant a motion for judgment as a matter of law against the party on a claim or defense that under the controlling law can be maintained or defeated only with a favorable finding on that issue
  ○ (2) motion - a motion for judgment as a matter of law may be made at any time before the case is submitted to the jury. The motion must specify the judgment sought and the law and facts that entitle the movant to the judgment

Question 3

FRCP 50 Judgment as a Matter of Law in a Jury trial
B

Answer 3

• (b) renewing the motion after trial - if the crt does not grant a motion for judgment as a matter of law made under rule 50a the crt considered to have submitted the action to the jury subject to the courts later deciding the legal questions raised by the motion. No later than 28 days after the entry of judgment the movant may file a renewed motion for judgment as a matter of law in ruling on the renewed motion the court may
  ○ (1) allow judgment on the verdict if the jury returned a verdict
  ○ (2) or
  ○ (3) direct the entry of judgment as a matter of law

Question 4

Seventh Amendment

Answer 4

• In suits at common law, where the value in controversy shall exceed 20$ the right of trial by jury shall be preserved and no fact tried by a jury shall otherwise be reexamined in any crt of the US than according to the rules of the common law

Question 5

Appeals

Answer 5

(Liberty Mutual Insurance Co v. Wetzel - App crts must be procedurally and substantively valid)

Question 6

28 USC section 1291 Final decisions of district courts

Answer 6

• The courts of appeals (other than the US Crt of Appeals for the fed circ) shall have jurisdication of appeals from all final decisions of the district court of the US except where a direct review may be had In the supreme crt

Question 7

28 USC 1292 Interlocutory Decisions
A

Answer 7

• (a) the crt of app shall have jurisdiction of appeals from
  ○ (1) interlocutory orders of the district courts of the US… or of the judges thereof granting continuing modifying refusing or dissolving injunctions or refusing to dissolve or modify injunctions except where a direct review may be had in the supreme court