Substantive Law

Question 1

What is a jury charge?

Answer 1

It’s the set of instructions on the law and deliberation procedures that the judge gives to the jury.

Question 2

What is the significance of the jury charge?

Answer 2

Everything stems from the jury charge. It drives your closing development and your discovery practice, and everything else about your trial comes from closing and discovery.

Question 3

When is the jury charge given?

Answer 3

After the defense rests and before closing. There is a jury charge conference prior to the delivery of the charge, where the two sides fight over what language ends up in the jury charge.

Question 4

What are pattern jury instructions?

Answer 4

Pattern jury instructions are developed by legal scholars who analyze thousands of cases and develop “standardized” jury charges for different causes of actions, crimes, and all attending instructions. They include bracketed language which is designed to be swapped depending on case particulars.

Question 5

What is a motion for summary judgment?

Answer 5

Summary judgment is awarded when, in the most favorable light of the facts for the respondent, the judge determines that the case must be decided as a matter of law - “no genuine issue of material fact.” In other words, no matter how the facts are portrayed, the respondent WILL lose the case, and it does not go to a jury.

Question 6

What most those facts in the “most favorable light” be, in other words?

Answer 6

Admissible, undisputed facts.

Question 7

Where do admissible undisputed facts come from?

Answer 7

• admissions in pleadings
• documentary/deposition admissions
• indisputable facts

Question 8

What are two strategies for filing/arguing motions for summary judgment?

Answer 8

• to win
• to drive case preparation and test what you’ve got (can help get your jury charge, facts, and story/frame in order)

Question 9

What are two risks of filing/arguing motions for summary judgment?

Answer 9

• cost (time/money)
• losing the element of surprise (re: theory, evidence, etc)

Question 10

What is a motion for directed verdict?

Answer 10

Like a summary judgment, but it happens at trial. Basically, after the plaintiff/prosecution rests their case, the defense argues that the case cannot be decided against them as a matter of law. The defense can also argue this after resting the defense case.

Question 11

Why do defense teams rarely win motions for directed verdict?

Answer 11

The jury is already there.