TRIAL

Question 1

Right to Jury Trial

Answer 1

The Seventh Amendment preserves the right to a jury trial in federal court in civil action where the amount in controversy exceeds $20.

The demand for a jury trial must be filed within 14 days following service of the last pleading

In California, all litigants have the right to a jury trial pursuant to the California Constitution.

Question 2

Judgment as a Matter of Law

(CA: Motion for a Directed Verdict)

Answer 2

If a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue the court may grant a motion for judgment as a matter of law against the party on that claim or defense.

A motion for judgment as a matter of law can be made any time before the case is submitted to the jury.

Question 3

Renewed Motion for Judgment as a Matter of Law

Answer 3

If a party moved for judgment as a matter of law at trial and it was not granted, that party may renew its motion for judgment as a matter of law no later than 28 days after the entry of judgment.

In ruling on the renewed motion, the court may

i) allow judgment on the verdict, the jury returned a verdict
ii) order a new trial or
iii) direct the entry of judgment as a matter of law

Question 4

Appeals - Final Judgment Rule

Answer 4

A party may only appeal a final judgment unless an exception to the final judgment rule applies.

A final judgment is one that ends the entire litigation on the merits and leaves nothing for the court to do bu executive the judgment.

Exceptions to the final judgment rule include interlocutory appeals, orders involving certifications of class actions, and certain statutory exceptions.

Appeals must be made 30 days of entry of the final judgment.

Question 5

Claim Preclusion (res judicata)

Answer 5

Claim preclusion prohibits a party from re-litigating the same cause of action in a subsequent lawsuit once a final judgment on the merits has been rendered

Claim preclusion requires that

1. both cases involve the same parties
2. both cases involve the same cause of action
3. the earlier judgment is a valid, final judgment on the merits

Question 6

Issue Preclusion (Collateral Estoppel)

Answer 6

Issue preclusion prohibits a party from re-litigating factual or legal issues that have already been litigated and determined as part of a prior claim.

Issue preclusion requires that

1. the new claim contains the same issue as the prior claim
2. the issue must have been actually litigated and determined by final judgment
3. the issue must have been essential to the prior judgment and
4. the party against whom preclusion is sought was a party in the previous lawsuit.

Remember OFFENSIVE and DEFENSIVE issue preclusion