Juries and their Limits

Question 1

What is the Baston challenge process?

Answer 1

Party that believes other side exercised peremptories based on race races challenges

Challenging party points to pattern, other evidence that establishes a prima facie case

Challenged party must offer another, non-race-based justification for exercise of peremptories

Judge decides whether real reason for exercise of peremptories was race.

Question 2

When can a motion for judgment as a matter of law

be made?

Answer 2

at any time after the movant’s adversary has completed the presentation of its case and before the case is submitted to the jury
the motion is made before to the jury issues a verdict, so the motion mirrors the directed verdict motion and seeks to prevent the case