Jury Trials and Verdicts

Question 1

FRCP 49: Verdict and Judgment General Requirements

Answer 1

1. Return of special or general verdict
2. Verdicts (outcome) and answers to questions must be consistent
3. If answers are inconsistent the judge or verdict is not unanimous may: approve entry under FRCP 58–judgement according to the answers; direct for further deliberation; order a new trial

Question 2

FRCP 50: Judgment As A Matter of Law

Answer 2

(1) Defined: not enough evidence on the record to find for the non-moving party

(2) Review: (a) view all evidence to the non-moving party that is not incredible; (b) all evidence for the moving party that is unquestionable

(3) Time: can be made at any time before the jury is submitted to the jury; no more than 28 days after determination or discharge of the jury; may be paired with a Rule 59 motion for a new trial

Question 3

Default Judgment

Answer 3

Enter of default when a party has failed to plead or otherwise defend

Question 4

Motion for Summary Judgment (Generally)

Answer 4

After discovery but before the trial

Rule: no genuine dispute as to a material fact and the movant is entitled to judgment as a matter of law

Question 5

Motion for Summary Judgment (by the Court, sua sponte)

Answer 5

The court may grant partial summary judgment on a motion for summary judgment

With notice and opportunity to respond they may . . .
1) Grant summary judgment for a nonmoving party
2) Grant summary judgment for alternative grounds not raised by the parties
3) Grant summary judgment sua sponte (without it being raised)

Question 6

Right to Jury Trial – FRCP 38(a)

Answer 6

One: The right to a jury trial only exists if it would have been available at common law (under state), or the right is granted by a federal statute

Right exists for legal claims, and not for equitable claims

Two: The right must also be preserved by serving parties with a written demand no later than 14 days after the last pleading

Question 7

Jury Trial - Contractual Waiver (Analysis)

Answer 7

1) Whether both parties had an opportunity to negotiate the terms

2) Whether the waiver provision was conspicuous (clearly visible)

3) Whether the parties had relative bargaining power

4) The business acumen or experience of the party opposing the waiver

Question 8

FRCP 59 - Motion for New Trial

Answer 8

Sua Sponte: W/in 28 days following entry of judgment; For any reason justified if included in a party’s motion; Court must give notice and opportunity to respond; May grant on grounds not mentioned in party’s motions

Request: following a split jury verdict, inconsistent answers, or error by the court

Following Non-Jury Trial: available only if they originally would have been able to have a jury trial

Question 9

FRCP 48 - Jury Verdict

Answer 9

Generally, jury verdicts must be unanimous

Question 10

Jury Selection - Voir Dire

Answer 10

• Each party is allowed 3 preemptively challenges
• Allowed to remove an unlimited amount of jurors for “good cause”
• The cause cannot be based upon sex or race

Question 11

Jury Verdicts (Unanimous)

Answer 11

Verdicts must be unanimous unless the parties stipulate otherwise

Question 12

Harmless Error (appellate review)

Answer 12

Whether a reasonable person / jury member could reach the same determination had the error not occurred