Pg 33

Question 1

Does the judiciary have the power to override the jury?

Answer 1

Yes

Question 2

What are the four appeals that can come as post trial motions?

Answer 2

– directed verdict (judgement as a matter of law)
– judgement notwithstanding the verdict
– motion for a new trial
– motion for relief from judgement

Question 3

What is involved in judgement as a matter of law or directed verdict?

Answer 3

The plaintiff’s case was so weak that no reasonable judge or jury, acting rationally on the evidence before it, could find for the plaintiff, so letting it go to the jury would invite irrational decision making. The judge then takes away the case from the jury and directs the verdict because no reasonable jury could find differently.

Either side can move for this at the end of the other parties evidence, or at the end of all the evidence.

Standard: no is no sufficient or substantial evidence to support a jury verdict for the opposing/nonmoving party.

Question 4

When would judgement as a matter of law be granted?

Answer 4

If there is insufficient evidence for the case to go to the jury, or the evidence is so compelling that only one result could follow.

Question 5

If there has been a motion for a directed verdict or judgement as a matter of law, is the judge permitted to decide things like credibility or weight of the evidence?

Answer 5

No, if that is necessary, then there is a legal conflict of evidence and the jury must resolve it

Question 6

How does the judge view the evidence when a motion for a directed verdict or judgement as a matter of law comes about?

Answer 6

In the light most favourable to the nonmoving party and that party gets all reasonable inferences

Question 7

What are the questions to ask if a motion for a directed verdict or judgement as a matter of law has been brought?

Answer 7

Did the moving party provide enough evidence for all elements of his claim?

1) If not, the court should grant a directed verdict.
2) If so, then it is a dispute of fact about what happened and the judge should not grant a directed verdict

Question 8

What is the way that a judge can snatch a case away from the jury in the middle of trial?

Answer 8

Through a directed verdict or judgement as a matter of law

Question 9

Who can make a motion for a directed verdict or judgement as a matter of law and when can that happen?

Answer 9

Either party can make this motion and it can happen anytime (as long as it happens before the case is submitted to the jury) but it usually happens at the close of the opposing party’s case.

Question 10

What does a directed verdict or judgement as a matter of law essentially do?

Answer 10

It extends summary judgement into the trial itself

Question 11

In order for a case to reach the jury, what must happen?

Answer 11

The plaintiff has to present credible evidence on each element of his claim. If proof fails on anyone of these, then the defendant is allowed a judgement as a matter of law

Question 12

If there is only one witness that has a huge incentive to lie because he doesn’t want to admit his own negligence, can that support judgement as a matter of law?

Answer 12

No

Question 13

What is the rationale behind judgement as a matter of law or directed verdict?

Answer 13

Efficiency

Question 14

What is the difference between a directed verdict and summary judgment?

Answer 14

• directed verdict: each side gets a chance to be fully heard before the other side can move for the directed verdict. Directed verdict is at trial after the evidence is presented
• summary judgment: must be made prior to trial

Question 15

What is the difference between a motion for a directed verdict and judgement as a matter of law?

Answer 15

– Directed verdict: this is the old name but it is still used in state courts
– judgement as a matter of law: this is the term used in federal court and the modern new name.

Question 16

If a judge grants judgement as a matter of law, what has essentially happened?

Answer 16

The judge has decided that the legal evidence is so lopsided that there is no meaningful factual dispute for the jury to consider

Question 17

What is the timing for judgement as a matter of law or directed verdict?

Answer 17

• The plaintiff presents evidence and has the burden to produce enough on each element in order to reach the jury.
• Defendant then moves for judgement as a matter of law or directed verdict at the close of the plaintiff’s evidence if the plaintiff doesn’t satisfy his burden.
• If the judge concludes that the plaintiff hasn’t produced enough evidence to support a rational verdict in his favor, he withdraws the case from the jury and enters judgement as a matter of law for the defendant.

Question 18

If a judge denies a motion for judgement as a matter of law, what happens?

Answer 18

The defendant presents his evidence to rebut the plaintiff’s case and puts forward his affirmative defenses. After that, he can again move for judgement as a matter of law challenging the sufficiency of all the evidence.

Question 19

What is the only timing stipulation with regard to judgement as a matter of law?

Answer 19

It has to be made before the case is submitted to the jury

Question 20

In some states, judgement as a matter of law is denied if what?

Answer 20

There is even a scintilla of evidence that exists to support the opposing party’s case

Question 21

What is the federal standard for judgement as a matter of law?

Answer 21

The judge considers the nonmoving party’s evidence in its most favourable light and with all reasonable inference most favourable to the party opposing the motion. If there can only be one reasonable conclusion about the verdict, then the judge will enter judgement as a matter of law for the moving party. If the facts and inferences point overwhelmingly in favour of one party and the court believes that reasonable men could not arrive at contradictory verdicts, the motion is granted.

If reasonable fair minded men exercising impartial judgement might reach different conclusions, the motion is denied

Question 22

Is it necessary that at the close of the plaintiff’s case the defendant move for judgement as a matter of law in order to preserve his right to do so at the close of all evidence?

Answer 22

No, he can do it then, but he can also wait and do it at the close before the case is submitted to the jury

Question 23

If the court doesn’t grant a motion for judgement as a matter of law and the case goes to the jury, what can the movant do?

Answer 23

Within 28 days after entry of judgement or from when the jury is discharged, the movant can file for a renewed motion for judgement as a matter of law and include any alternative or joint request for a new trial.

Question 24

Can the jury be in the room when you make a motion for a directed verdict or judgement as a matter of law?

Answer 24

No

Question 25

Is it possible for a court to order a new trial on its own?

Answer 25

Yes, as long as it happens no later than 28 days after the entry of judgement

Question 26

What is considered to be harmless error?

Answer 26

Errors in admitting or excluding evidence. These are not considered to be grounds for new trial unless they have a substantial effect on the parties’ substantial rights

Question 27

What are the three ways that errors committed during trial can be categorized?

Answer 27

• those that would result in reversal if the case were appealed
  – those that may have had an impact on the verdict but do not justify reversal on appeal
  – those that did not significantly affect the outcome