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Civil Procedure 1L > Jury Trials & Appeals > Flashcards

Jury Trials & Appeals Flashcards

Learn about: - Right to jury - Jury selection - Jury instructions - Types of verdicts - Motion for a New Trial - Directed Verdicts - RJMOL - Motion for Relief from Judgment - Appeals

1
Q

When does a party have a right to a jury trial?

A

Parties have the right to a jury trial in all civil actions under Rule 38 & 7th Amendment.

⚠️ Note: Right only exists for claims under law, not equity.

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2
Q

If both legal and equitable relief is sought, does the right to a jury exist?

A

Yes, the right to the jury exists but only for the non-equitable claims (claims for damages).

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3
Q

How can a party demand a jury trial?

A
  1. File a written demand within 14 days after the last pleading; and
  2. Properly serve to the other parties

FRCP 38(b)

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4
Q

Does a party need to re-demand a jury trial if the case is removed to federal court?

A

No, as long as the jury trial was properly demanded initially. FRCP 81(c)(3).

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5
Q

Does failure to properly serve and file the demand for a jury trial constitute a waiver of the right?

A

Yes, a party waives a jury trial unless its demand is properly served and filed.

FRCP 38(d)

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6
Q

How many jurors are required to form a jury?

A

6-12 members. Each juror must participate in the verdict unless excused under Rule 47(c).

FRCP 48(a)

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7
Q

Do jury verdicts need to unanimous?

A

Yes, must be unanimous and returned by a jury of at least 6 members, unless stipulated otherwise.

FRCP 48(b)

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8
Q

Define

voir dire

A

Process by which jurors are selected.

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9
Q

What are challenges for cause and how many does each side have?

A

Used to dismiss a potential juror due to bias; unlimited number per side.

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10
Q

What are peremptory challenges?

A

Allows a party to dismiss a juror for any reason, as long as the reason is race and gender neutral.

FRCP 47(b)

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11
Q

How many peremptory challenges does each party get?

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12
Q

If a peremptory strike gives rise to an inference of racial or gender discrimination, what is the moving party required to do?

A

Provide a non-discriminatory explanation for the strike or withdraw the strike

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13
Q

What is the deadline for a party to propose jury instructions?

A

Generally, before the close of all evidence presented to the jury.

However, a party can file after close of evidence if either:

  1. Instructions are for issues not reasonably anticipated, or
  2. Court has given permission to untimely file (can propose for any issue)

FRCP 51

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14
Q

Can a party object to proposed jury instructions?

A

Yes, parties must be given a reasonable opportunity to object on the record outside jury’s presence before instructions are given. Party must timely state the matter objected to and the grounds for the objection.

FRCP 51(c)(1)

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15
Q

When is an objection to a jury instruction considered timely?

A

An objection is timely if:

  1. A party objects at the opportunity provided under Rule 51(b)(2); or
  2. A party was not informed of an instruction or action on a request before that opportunity to object, and the party objects promptly after learning that the instruction or request will be, or has been, given or refused.

FRCP 51(c)(2)

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16
Q

Does a party’s failure to object to error in jury instructions waive arguments related to the error on appeal?

A

Yes.

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17
Q

Define

general verdict

A

Allows the jury to decides in favor of P or D without listing specific factual findings.

FRCP 49

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18
Q

Define

special verdict

A

When the jury makes a specific finding on each issue of fact without necessarily stating which party should win.

See more: Special Verdict

FRCP 49

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19
Q

What is a general verdict with specific interrogatories and what is its purpose?

A

General verdict that includes specific findings of fact. Purpose is to ensure jury considered important factual issues of the case.

FRCP 49(b)

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20
Q

If the general verdict and answers to interrogatories are inconsistent, what actions can the judge take?

A
  1. Order a new trial;
  2. Order the jury to redeliberate; or
  3. Order an appropriate judgment according to the answers, notwithstanding the general verdict

FRCP 49(b)(3)

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21
Q

What does it mean to poll the jury?

A

Either via request or on its own, court can “poll” the jury to see if there is lack of unanimity or assent amongst the jurors.

FRCP 48(c)

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22
Q

After polling the jury, what actions can the judge take if there is a lack of unanimity or assent?

A

Order a new trial or ask jurors to deliberate further. FRCP 48(c)

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23
Q

What is the deadline for asking to poll the jury?

A

After a verdict is returned but before the jury is discharged. FRCP 48(c).

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24
Q

What are examples of juror misconduct? What happens if misconduct is found?

A
  • Introducing or using evidence gained outside of trial
  • Improperly communicating with outside parties
  • Giving dishonest testimony during voir dire

If found, court may order a new trial.

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25
Q

Define

judgment as a matter of law

(also called a “directed verdict” or JMOL)

A

Ruling entered by judge against a party if a party lacks sufficient evidence to prevail on an issue necessary to a particular claim or defense

FRCP 50(a)

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26
Q

What is the evidentiary standard for granting a JMOL?

A

Court must view evidence in the light most favorable to the opposing party and only grant JMOL if no reasonable person could find for the party.

FRCP 50(a)(1)

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27
Q

When can a party file for a judgment as a matter of law?

A

Both parties: before case is submitted to jury

D: Either after close of P’s evidence or after close of all evidence

P: After close of all evidence

28
Q

Define

renewed motion for judgment as a matter of law (RJMOL)

(also called “judgment notwithstanding the verdict” or JNOV)

A

If a party loses on a JMOL, they can make a renewed motion for JMOL (“RJMOL”) within 28 days after entry of judgment.

⚠️ Note: Party must have properly & timely filed a JMOL to seek an RJMOL.

FRCP 50(b)

29
Q

In ruling on a RJMOL, the court may:

A
  1. Allow the verdict to stand;
  2. Order a new trial; or
  3. Direct entry of judgment as a matter of law (if reasonable people could not agree that the verdict was correct)

FRCP 50(b)

30
Q

What is the deadline for all post-trial motions? (generally)

A

28 days.

31
Q

What are examples of grounds for a new trial?

A

Grounds include:

  • Newly discovered evidence
  • Verdict was against weight of the evidence
  • Serious, prejudicial error
  • Serious, prejudicial misconduct
  • Excessive or inadequate verdict

FRCP 60(b)

32
Q

When must a motion for a new trial be filed?

A

Within 28 days of the entry of the judgment (same as the general deadline for post-trial motions).

FRCP 59(b)

33
Q

What are the requirements to move for new trial based on newly discovered evidence?

A
  1. Evidence could not be found before the verdict;
  2. Evidence is not solely for impeachment;
  3. Evidence will likely change outcome of case
34
Q

When is a verdict against the great weight of the evidence?

A

Even after giving every deference to the prevailing party, the jury made the verdict in error in light of the evidence presented.

35
Q

If the jury awarded inadequate damages, can the court increase the amount?

A

No, “enhancing” the verdict is called additur and is prohibited by the 7th Amendment.

36
Q

What can the court do if the jury awards damages that are excessive?

A

If the damages are so high as to “shock the conscience,” the judge can either:

  1. Order a new trial; or
  2. Order a decrease in the award (“remittitur”)

⚠️ Note: Judges are never required to give option of remittitur.

37
Q

When is a new trial for procedural error or misconduct proper?

A

The error or misconduct likely changed the outcome of the case & substantially prejudiced the losing party.

38
Q

What is the harmless error rule?

A

Court can dismiss errors that did not affect a party’s rights (i.e. the same result would have occured even this error didn’t happen).

FRCP 61

39
Q

When is a motion for relief from judgment under Rule 60(b) proper?

A
  • There is mistake, inadvertence, surprise, excusable neglect;
  • Newly discovered evidence;
  • Misrepresentation, misconduct, or fraud
  • Judgment has been satisfied, released, or discharged;
  • Judgment is void; or
  • Any other reason that justifies relief

FRCP 60(b)

40
Q

What is the deadline for filing a motion for relief from judgment?

A

Within one year of final judgment if for:

  • Mistake, inadvertence, surprise, excusable neglect
  • Newly discovered evidence
  • Misrepresentation, misconduct, or fraud

Within a reasonable period of time if:

  • Judgment is satisfied, released, or discharged
  • Judgment is void
  • Any other reason that justifies relief

FRCP 60(c)

41
Q

When is relief from judgment for fraud, misrepresentation, or misconduct proper?

A

If a party:

  • Withholds key evidence during discovery;
  • Bribes a witness; or
  • Makes false statements to the court or other parties
42
Q

Can the court, on its own initiative, order a new trial?

A

Yes, for any reason that would justify granting a new trial if a party brought the motion.

⚠️ Note: Court must specify the reasons why in its order.

43
Q

Does the court always have the discretion to grant a new trial?

A

Yes, always has discretion to avoid miscarriage of justice.

44
Q

When should a judge recuse herself from a proceeding?

A

If the judge:

  1. Previously acted as a lawyer in the same action;
  2. Has a financial interest in a party (or is related to someone that does),
  3. Served as a government employee who expressed a policy/opinion on the particular case/issue;
  4. Is related or within a third degree of relationship to a party in the proceeding;
  5. May be unable to remain impartial (broad reading)

28 USC § 455

45
Q

Typically, juries decide matters of fact and judges decide matters of law. In what circumstances are judges allowed to decide matters of fact?

A

When considering motions for summary judgment, Judgment as a matter of law, or JNOV

46
Q

If an action does not have the right to a jury trial, can the court order a jury trial anyways?

A

Yes, the court may, either on motion or on its own:

  1. Try any issue with an advisory jury; or
  2. With the parties’ consent, try any issue by a jury whose verdict has the same effect as if a jury trial had been a matter of right (unless the action is against the US and jury trial is prohibited by federal statute)

FRCP 39(c)

47
Q

What is the deadlineto file anotice of appeal?

A

Within 30 days of the final judgment or order being appealed (60 days if party is United States or federal agency) the party must fine a Rule 50 post-verdict motion.

FRCP 4(a).

48
Q

Which courts can hear appeals from the district courts?

A

Federal courts of appeal

49
Q

Define

final judgment rule

A

Appeals courts can only hear cases with a final judgment on the merits of the whole case.

⚠️ Exception: Can hear cases without final judgment if there is an basis for an interlocutory appeal.

28 USC § 1291

50
Q

What is a valid final judgment on the merits?

A
  1. Court had valid SMJ, PJ, & venue;
  2. Judgment was final; and
  3. Judgment was made on the merits and “there is nothing left for the court to do but execute the judgment”
51
Q

What are the exceptions to the final judgment rule?

A
  1. If some claims have been decided but not all, governed by FRCP 54(b)
  2. If it is for a judgment on a counterclaim, cross-claim, or third-party claim separate from the original claim
  3. Injunctions
  4. Certain interlocutory orders
  5. Class action certifications
52
Q

If a post-trial motion has been filed and the court denies the motion, when must the appellant file a notice of appeal?

A

30 days from the denial.

53
Q

Define

interlocutory orders

A

Orders issued during litigation that are not final. 28 USC § 1292.

54
Q

interlocutory appeals

A

Appeal of an interlocutory order.

⚠️ Rarely granted, because interlocutory orders are not final. Some interloctory orders are appealable as a matter of right (i.e. denial of class certification), while others are only appealeable pursuant to analysis under the collateral order doctrine.

28 USC § 1292

55
Q

What interlocutory orders are appealable as a matter of right?

A
  • Injunctive orders
  • Orders appointing or refusing to appoint a receiver
  • Orders directing the sale or disposal of property
  • Patent order that is final except for accounting
  • Order denying arbitration (9 USC § 16)

28 USC § 1292

56
Q

Can a district court order an interlocutory appeal?

A

Yes, the judge may do so in a written order stating:

  1. Order being appealed involves a controlling question of law;
  2. There is a substantial ground for difference of opinion; and
  3. Decision on the appeal could help bring about the end of litigation

28 USC § 1292(b)

57
Q

The collateral-order doctrinepermits a party to appeal an interlocutory order if whatthree conditions are met?

A

If the order:

  1. Conclusively determines the disputed question;
  2. Resolves an important issue that is completely separate from the merits; and
  3. Is effectively unreviewable on appeal from a final judgment

⚠️ Note: Collateral order doctrine is extremely narrow and rare; has only been applied to cases involving immunity and double jeopardy.

See more: Collateral Order Doctrine

58
Q

When are class certifications appealable?

A

Within 14 days following the district court’s decision to grant or deny certification.

⚠️ Note: Court of appeals has discretion whether or not to grant the appeal.

FRCP 23(f)

59
Q

What is a writ of mandamus?

A

Gives appeals court authority to review lower court decisions for abuse of judicial authority. Granted if:

  1. Petitioner has clear and indisputable right to relief;
  2. No alternative route to desired relief exists; and
  3. Writ is proper under the circumstances

⚠️ Note: this is an “extraordinary” measure that is extremely rare.

60
Q

List the standards of review used by appellate courts

A
  1. De novo (legal rulings)
  2. Clearly erroneous (factual findings)
  3. Abuse of discretion (discretionary rulings)
  4. Plain error (an error that the parties did not preserve by objecting to it at the time it occurred)
61
Q

Define:

de novo review

A

When the appeals court reviews the trial court’s findings “from the new” or without deference. Allows appeals court to reach an independent conclusion as to the correct legal interpretation.

62
Q

What is the standard of review for findings of fact?

A

Clearly erroneous: appeals court cannot overturn a district court’s findings of fact unless clearly erroneous.

63
Q

When is a finding of fact clearly erroneous?

A

When, in light of all the evidence in the record, the appeals court has a “definite and firm conviction that a mistake has been committed.”

64
Q

A mixed question of law and fact is subject to what evidentiary standard?

A

Clearly erroneous - treated as a question of fact.

⚠️ Note: If the error was clearly based on law, then issue will be heard de novo.

65
Q

What is the standard of review for discretionary rulings (evidence admissibility, etc)?

A

Abuse of discretion: Did the district court abuse its discretion in making the ruling?

⚠️ Note: Standard has many different formulations, but usually is rather deferential to the district court.

66
Q

What is the standard of review for jury verdicts?

A

Against the weight of evidence.

67
Q

When does an appellate court use the plain error standard?

A

When an error was not preserved (i.e. objected to) by the appealing party, but is so patently obvious and substantial that the appellate court must address it.

⚠️ Note: “Clear error” is used to review factual findings, while “plain error” is used when parties fail to object. Both standards are difficult for an appealing party to overcome.

Civil Procedure 1L (8 decks)

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