trial

Question 1

U.S. Cons’t., Amend. VII

Answer 1

In Suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact tried by a jury,
shall be otherwise reexamined in any Court of the United States, than
according to the rules of the common law.

Question 2

rule 38 right to a jury trial

Answer 2

right by 7th amendment or federal statute

party may demand a jury trial by:
A. Serving the other parties with a written demand-which may be included in a
pleading- no later than 14 days after the last pleading directed to the issue
is served;
B. AND Filing the demand under Rule 5(d)
(c) Specifying Issues. Either party can specify some or all of the issues they
want heard by Jury in either first demand or within 14 days of other party’s
demand.
(d) Waiver. Failing to raise is a waiver. Withdrawal requires consent of all.
(e) Admiralty and Maritime claims. No jury trial.

Question 3

trial phases

Answer 3

Pretrial conference (“Calendar Call”) / Motions in limine(review witness less logistics etc)
* Voir dire (jury selection min six traditionaliste 12, independent jury based verdict on evidence no exclusion should represent crosss section of community)
* Opening Statements ( evidence will show clients story, no argument opinion testimony personal belief passion of jury)
* Plaintiff’s case in chief(presentation evidence expert witness etc. Plaintiffs DE no leading defedandt cross test credibility)
* Rule 50 – Motions for Judgment As a Matter of Law
* Defendant’s defense same exact as /\
* Rule 50 – Motions for Judgment As a Matter of Law
* Closing statements (why evidence told story)
* Jury instruction and deliberations
* Jury verdict
* Post trial motions

Question 4

rule 50 matter of laws

Answer 4

) If:
* a Party has been fully heard on an issue;
* AND Court finds that no reasonable jury would have a legally sufficient
evidentiary basis to find for that party
Then the court may:
Resolve the issue against that party; AND
* Grant a motion for judgment as a matter of law against the party on any
issue that can be sustained with a favorable finding
(2) Motion may be made at any time before the case is submitted to the jury.

Question 5

post trial motions

Answer 5

Rule 50(b): (Renewed) Motion for Judgment as a Matter of Law
* Rule 59: New Trial
* Rule 52(b): Motion to Amend Findings
* Rule 54; 28 U.S.C. 1920: Motion to Tax Costs
* Motions for Remittitur (damages should be lowered)
* Motions for Additur (damages should be higher)
* Rule 60(a): Relief from a Judgment or Order

Question 6

rule 59 new trial

Answer 6

a)(1) Grounds for new Trial. The Court may, on motion, grant a new trial on
all or some of the issues-and to any party-as follows:
* After a jury trial, for any reason for which a new trial has heretofore been
granted in an action at law in federal court;
* OR After a nonjury trial, for any reason for which a rehearing has heretofore
been granted in a suit in equity in federal court.
(2) Further Action after Nonjury trial. After a nonjury trial, the court may, on
motion for a new trial: open the judgment, take additional testimony, amend
findings of fact and conclusions of law or make new ones, and direct the entry
of a new judgment.

reasons
Manifest error of law or
fact
2. Newly discovered or
previously unavailable
evidence
3. Manifest injustice
4. Intervening change in
controlling law
1.Mistake, inadvertence,
surprise, or excusable neglect;
2.Newly discovered evidence;
3.Fraud;
4.Void judgment;
5.Satisfaction, release or
discharge; earlier judgment has
been reversed; continued