Trial Flashcards
What is a judgment as a matter of law?
When one party files a motions after the other side has been heard at trial, contending that reasonable people could not disagree on the result, and asks for a judgement as a matter of law.
What is a directed verdict and when can it be filed?
This is a motion for a directed verdict or a demurrer to the evidence, California’s equivalent to a JMOL. This is for California courts.
Describe the Right to Jury Trial in Federal Court
The Seventh Amendment preserves the right to a jury trial in civil actions at law and a demand for jurt trial must be made in writing no later than 14 days after service of the last pleading
If a case has both legal and equitable issues, the jury decides factual legal issues first, then the judge determines the equity claim
What is the Right to Jury Trial in California?
The CA Constitution grants a right to a jury trial and the demand must be made at or before the case is set for trial.
CA is opposite of federal courts, a judge must decide equitable issues first, then jury decides legal issues. Where a case’s main purpose is equitable, a jury is unnecessary.
