Themis Essay 902

Question 1

The rule in Virginia is that a jury verdict must be

Answer 1

unanimous and read in open court.

Question 2

The dissent of one juror is enough to

Answer 2

set aside the verdict.

Question 3

Although jurors cannot be questioned about misconduct in the jury room, a judge may inquire about

Answer 3

their conduct and conversations outside the jury room.

Question 4

If a juror has an improper conversation with a litigant or someone close to that litigant, the judge must decide whether

Answer 4

a new trial should be granted.

Question 5

The test to determine whether a damage award is too high (or too low) is if

Answer 5

it “shocks the conscience” of the court or is not the product of a fair or impartial decision.

Question 6

If the court determines that a jury award is excessive, the court may either:

Answer 6

(i) grant a new trial; or
(ii) put the parties on terms to accept less than the award, and if either party does not do so, the court can then grant a new trial.

Question 7

In a situation in which a verdict is excessive, the court has

Answer 7

wide discretion on how to proceed.

Question 8

When a jury returns an excessive verdict, the court can grant a new trial for

Answer 8

damages alone, liability alone, or on both damages and liability depending on the circumstances.