Pg 34

Question 1

What is judgement notwithstanding the verdict?

Answer 1

This motion is made after the jury comes back and decides against a party, and the party doesn’t like the verdict. The judge can refuse to enter judgement on the verdict rendered. Essentially the judge takes the verdict away after the jury has made its decision and either overrules or overturns that decision.

Question 2

What is the other name for judgement notwithstanding the verdict?

Answer 2

Renewing the motion for directed verdict

Question 3

When a court denies a motion for directed verdict what is it giving the jury a chance to do?

Answer 3

Make the correct decision. And if the jury doesn’t do that, the judge can grant the renewal of judgement as a matter of law, or in other words, judgement notwithstanding the verdict.

Question 4

In order to get a judgement notwithstanding the verdict, what must you have already done?

Answer 4

Requested a directed verdict before the case went to the jury. So essentially when you ask for a judgement notwithstanding the verdict after the case has gone to the jury, you were renewing your motion for directed verdict

Question 5

What must you convince the court of before you will get judgement notwithstanding the verdict?

Answer 5

Must convince the court that no reasonable jury could have possibly found for the opponent, and so the jury‘s verdict was totally unreasonable. This is a very hard thing to do

Question 6

What happens when a judgement notwithstanding the verdict is given both traditionally and modernly?

Answer 6

• traditionally: the judge could displace the jury’s verdict by entering judgement notwithstanding the verdict, which is really a delayed motion for directed verdict. This is granted if the opponent’s evidence is so weak that no reasonable jury could have reached the verdict for the winning party, and thus the jury acted irrationally and disregarded the evidence in order to reach the verdict for the opposing party
  – modernly: this is actually called judgement as a matter of law and it takes the case away from the jury in order to prevent any irrational results. This is the same as traditional, it just has a new name.

Question 7

What is the difference between a directed verdict and a judgement notwithstanding the verdict?

Answer 7

– directed verdict: motion is made before the case goes to trial
– judgement notwithstanding the verdict: motion is made after the verdict

Question 8

What is the rationale behind judgement notwithstanding the verdict?

Answer 8

Judges may have different ideas about whether a case is strong enough to go to the jury, so a directed verdict often gets appealed and then a new trial is ordered, which is wasteful and repetitious. But if the judge denies the motion for directed verdict and waits until the close of evidence, then if he doesn’t agree with the verdict, he can enter judgement notwithstanding the verdict

Question 9

When must judgement notwithstanding the verdict be filed?

Answer 9

Within 28 days after the entry of judgement on the jury’s verdict.

Question 10

Why can a party only move for judgement notwithstanding the verdict if he made a motion for directed verdict before the verdict?

Answer 10

Because then a court case had just reserved the decision on the original motion, plus since the party makes this at the close of evidence, and they have to state their grounds for concluding that the case shouldn’t go to the jury, that alerts the courts to defects before the jury leaves and allows the curing of inadvertent defects.

Question 11

Why is a judge more receptive to judgement notwithstanding the verdict then he has to a directed verdict?

Answer 11

Because for this a complete record is preserved

Question 12

How are motion for a new trial and judgement notwithstanding the verdict considered to be alternatives to each other?

Answer 12

You can ask for both of these at the end of a trial and then you’ll just get one and that’s OK

Question 13

What is a motion for new trial?

Answer 13

Request for a new trial on the same issues or factors before, but just argue that the jury got it wrong. The judge has broad discretion to rule on this and can be granted for any reason that a new trial had before been granted.

Question 14

Does the seventh amendment allow additur and remittitur?

Answer 14

It only allows remittitur, and not additur

Question 15

When do you have to make a motion for a new trial?

Answer 15

Within 28 days after the entry of judgement

Question 16

What is an example of a situation where you would make a motion for a new trial?

Answer 16

If after trial you find out that your attorney wasn’t licensed to practice law

Question 17

What is the judge’s duty if you have made a motion for a new trial?

Answer 17

It is his duty to set aside the verdict and grant a new trial if he thinks that the verdict is against the clear weight of evidence or based on false evidence or will result in miscarriage of justice.

Question 18

A motion for a new trial is an alternative to what?

Answer 18

Judgement notwithstanding the verdict

Question 19

Essentially a motion for new trial is a motion to do what?

Answer 19

Redo the trial

Question 20

Motion for new trial are often given when what happens?

Answer 20

Procedural errors like improper jury instructions

Question 21

What are the top four grounds for a motion for new trial?

Answer 21

• judge mistake
  – jury error
  – opposing party error
  – error in admission of evidence or jury instruction

Question 22

What is involved in the ground for motion for new trial that involves the judge making a mistake?

Answer 22

The judge improperly allowed crucial evidence in or kept it out

Question 23

What is involved in the ground for motion for new trial that involves jury error?

Answer 23

Verdict was based on passion, prejudice, or against the clear weight of the evidence and the jury didn’t do its proper jury function.

This could involve an overzealous juror that does independent research instead of basing his judgement solely on the evidence presented. Essentially they must be gross overstepping that influences the jury. A lazy juror that just wants to go home so he tells everyone to say that the person is guilty and average of the damages amount instead of deliberating and getting a consensus would be enough

Question 24

What is involved in the ground for a motion for new trial that involves an opposing party error?

Answer 24

Attorney error or jury or evidence or witness tampering

Question 25

What is involved in the ground for a motion for a new trial that involves an error in the admission of evidence or jury instruction?

Answer 25

If either of these things actually affected the outcome or there was an incoherent jury verdict or juror misconduct, excessive damages, or verdict against the manifest weight of the evidence, that would be enough

Question 26

If you make a motion for a new trial based on additur, what does that mean?

Answer 26

The jury says the defendant is at fault but only gives a small amount for a horrible injury, so the judge tells the defendant to agree to pay more, or he will order a new trial for only damages. They work together to choose a higher number. Defendant can then choose to pay more or to have a new trial. This is not allowed in federal courts, only in state courts

Question 27

What is involved in a motion for new trial based on remittitur?

Answer 27

If the jury finds a defendant is at fault but awards a much too high damage award, the judge can tell the plaintiff that he got too much and that the plaintiff must agree to take less or to have a new trial on the damages. This is allowed in both federal and state court

Question 28

What is involved in a motion for relief from judgment?

Answer 28

Newly discovered evidence that couldn’t have, with reasonable diligence, been discovered in time to move for a new trial comes to light. This allows you to raise matters after the judgement is final, but it can be brought no later than one year after the entry of judgment. It can be brought for things like mistake, inadvertence, surprise, newly discovered evidence, or fraud.

Question 29

How is a case set for trial?

Answer 29

The judge puts it on the trial calendar and the trial judge sets the date of trial

Question 30

What are the three major standards for burden of persuasion?

Answer 30

– preponderance of the evidence
– clear and convincing evidence
– beyond a reasonable doubt

Question 31

What does preponderance of the evidence mean?

Answer 31

More than 50%. The person has proven by preponderance of the evidence that he is entitled to relief

Question 32

When is the standard of clear and convincing evidence used?

Answer 32

For libel, slander, child custody, etc.