The Trial - Part B Flashcards
can you mix equitable and law based claims in the same action
yes, and some facts may be necessary to both claims
what happens if a jury is requested for a mixed claim
the jury will decide the fact issues before it for the law based claim, and the judge will apply the jury’s factual finings on the equitable claim
views of the scene
with permission of the judge, the jury may be admitted to go out and view the scene that gives rise to the case in order to better understand the evidence presented at the trial
who is the commissioners in chancery and what do they do
in equitable claims, the judge will sometimes refer the case to a commissioner in chancery. the commissioner hears evidence, does research, and makes a report to the court answering any questions the court has directed the commissioner to inquire about
is the commissioner’s report binding?
no. but the report on questions of fact is deemed prima facie correct and entitled to great weight
how long does any party have to file objections to the commissioner’s report
written objections must be filed within 10 days of the filing of the report
when are jury instructions given
before the closing arguments
what does each side do for the jury instructions
each side submits proposed instructions and the judge rules on them
what if there is conflicting evidence or different views in the case when giving jury instructions
the judge should give instructions for each competing view as long as there is evidence to support each competing view
objections and jury instructions
any objection to any ruling of the court regarding instructions must be made at the time of the court’s ruling and state the grounds for the instruction
Make sure to preserve!
What is summary judgment
can be granted when there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law
what is a genuine dispute as to any material fact
exists when a reasonable jury could return a verdict in favor of the nonmoving party
how must the court judge a motion for summary judgment
the court must construe all evidence in the light most favorable to the nonmoving party and resolve all doubts in favor of the nonmoving party
when can summary judgment be used
can be used with both legal and equitable claims at any time after responsive pleadings have been filed (i.e. post-demurrer)
who can move for SJ
either side
