Jury Trial Flashcards
How does a party preserve its right to a jury trial in a removal action?
In a removal action, a party preserves its right to a jury trial by (1) demanding a jury in state court before removal or (2) serving a jury trial demand within 14 days after filing or being served with the notice of removal, so long as all necessary pleadings had been served before removal.
What must the court consider on a motion for JMOL?
When considering a motion for JMOL, a court must (1) view the evidence and draw all reasonable inferences in favor of the nonmovant, (2) disregard evidence favorable to the movant that the jury in not required to believe, and (3) not consider the credibility of witnesses or evaluate the weight of evidence.
When can a motion for JMOL be filed?
(1) May be filed after nonmovant presents its case but before the case is submitted to the jury.
(2) May be renewed within 28 days after entry of final judgment.
During voir dire, what are the two ways parties can strike potential jurors?
During jury selection in a federal civil action, each party may strike potential jurors from service through
(1) challenges for cause—to strike a potential juror for bias or lack of impartiality (e.g., relationship w/ party or financial stake in party)—and
(2) 3 peremptory challenges—to strike a potential juror for any reason (except race, ethnicity, or gender) without explanation.
FRCP 48 - Jury
Under Federal Rule of Civil Procedure 48, a jury must begin with at least 6 and no more than 12 members.
Each juror must participate in the verdict unless excused by the court for good cause (e.g., illness, family emergency), which can occur during trial or after jury deliberations have begun.
And unless the parties stipulate otherwise, the verdict must be unanimous and returned by at least 6 jurors. A party can challenge a verdict (e.g., motion for new trial) if any of these requirements are not met.
Jury Trial
7th Amendment - right to jury trial when damages exceed $20
must demand jury trial within 14 days after service of last pleading
Judgment as a Matter of Law (Directed Verdict)
1) Motion made by either party at the close of the P’s evidence or the close of all evidence
2) Granted if no reasonable person could differ as to the outcome
Renewed Motion for judgment as a matter of law (JNOV)
1) Motion for judgment as a matter of law is denied and the issue goes to the jury
2) the jury deliberates and delivers a verdict
3) Renewed motion for judgment as a matter of law asks the court to override the jury’s verdict
4) can only renew this motion if it was made earlier.
When can the jury be polled?
A court must on a party’s request, or may on its own initiative, poll the jurors individually after a verdict is returned but before the jury is discharged.
If the poll reveals that the verdict is not unanimous, the court can direct the jury to deliberate further or order a new trial.
Timeline for seeking judgment as a matter of law (visual)
A motion for judgment as a matter of law is used to remove a case from the jury’s consideration when there is legally insufficient evidence for a reasonable jury to find in the nonmovant’s favor.
The motion can be renewed within 28 days after the entry of judgment to seek to overturn an adverse verdict.
Class Actions
A class action is a suit filed by one or more named plaintiffs as class representatives on behalf of similarly harmed unnamed plaintiffs.*
All actions filed by a purported class representative require certification by the court at the earliest practical time.
Ps seeking class action certification must establish—and the D can challenge certification on—all of the following prerequisites:
1) Numerosity – the class is so numerous that joining all the members as named plaintiffs is impracticable (usually met when there are over 40 members)
2) Commonality – the class shares common questions of law or fact
3) Typicality – the named plaintiffs’ claims are typical of the claims of the class
4) Adequacy – the named plaintiffs will fairly and adequately protect the interests of the class
When must a federal court follow the rulings issued by the state’s highest court?
Federal courts sitting in diversity must apply federal law to procedural issues (e.g., filing deadlines) and state law to substantive issues (e.g., elements of a claim or defense).
A federal court interpreting state substantive law must follow the rulings issued by the state’s highest court.
Voluntary vs. Involuntary Dismissal
Under FRCP 41, a suit can be dismissed in two ways:
- Voluntary dismissal – when the plaintiff moves to dismiss the suit
- Involuntary dismissal – when the defendant moves to dismiss the suit
1) Voluntary Dismissal
* Process:
A. P may dismiss suit without court order when:
- notice of dismissal filed before D serves answer or summary judgment motion or
- all parties sign stipulation of dismissal
B. P may request court order to dismiss suit unless:
- D’s counterclaim cannot be independently adjudicated
- Effect:
A. Dismissal WITHOUT prejudice unless:
- P previously dismissed federal or state action based on same claim or
- notice or stipulation states otherwise
2) Involuntary Dismissal:
* Process:
A. D may move to dismiss suit if P failed to:
- prosecute own action or
- comply with rules or court order
B. D may move to dismiss suit via:
- pre-answer motion
- judgment on the pleadings or
- summary judgment
- Effect:
A. Dismissal WITH prejudice unless:
- court order states otherwise or
- based on lack of jurisdiction, improper venue, or failure to join required party
Does an involuntary dismissal under FRCP 41 operate as an adjudication on the merits?
YES - unless the court orders othewise.
Can the parties stipulate to a jury of less than 6 members?
YES.
A jury verdict must be unanimous and returned by a jury of at least 6 (but no more than 12) members unless the parties stipulate otherwise.
