Trial

Question 1

DISPOSITION OF A CASE WITHOUT A TRIAL

Answer 1

DISPOSITION OF A CASE WITHOUT A TRIAL: Sometimes a case will be resolved prior to the end of the trial. Done through:

1. Dismissal
2. Default Judgment
3. MSJ

Question 2

Voluntary dismissal

Answer 2

A plaintiff may obtain one voluntary dismissal without prejudice (so it may be relitigated). The trial court also has discretion to grant a dismissal after an answer or MSJ is filed, unless substantial prejudice to the defendant would occur.

Question 3

Involuntary dismissal

Answer 3

The court may do this at the defendant’s request, or at the court’s own motion. Such a dismissal is usually with prejudice, so it may not be relitigated.

Question 4

Dismissal for failure to state a claim

Answer 4

Occurs in a situation where if the court assumes all allegations are true, the plaintiff still cannot win based on the face of the complaint.
California: This is a general demurrer.

Question 5

California mandatory dismissal

Answer 5

Occurs if the case is not brought to trial within five years of filing the complaint, or two years have passed from filing until the service of process.

Question 6

Default judgment

Answer 6

Occurs if the defendant fails to respond within 21 days after service federally, or 30 days of service in California.

Question 7

Motion for summary judgment (MSJ)

Answer 7

Will be ordered where the moving party can establish there is no genuine issue of material fact and that he is entitled to judgment as a matter of law.

1. Evidence viewed in light most favorable to the nonmoving party.
2. Evidence must be comprised of firsthand knowledge and credibility is not weighed here.
3. A court can grant a partial summary judgment as to one of several causes of action.

Question 8

Right to a jury trial-Federal Seventh Amendment

Answer 8

In federal court, the Seventh Amendment preserves the right to a jury in civil actions at law; however a judge decides issues of equity.

a. Legal first, then equitable: If a case has both legal and equitable claims, the jury decides the factual legal issues first, then the judge determines the equity claim.
b. Demand for jury: Plaintiff must demand in writing no later than 14 days after service of the last pleading that he is raising a jury triable issue.

Question 9

Federal Jury Composition

Answer 9

1. Each side (not party, as in California) has unlimited challenges on voir dire for cause (bias, prejudice, related to a party), and three peremptory challenges (still must be used in a gender and race-neutral way).
2. A jury may contain 6-12 jurors with no alternates; and a unanimous vote is required.

Question 10

Right to a jury trial-California

Answer 10

The California Constitution grants a right to a jury trial.

a. Equity first, then legal: If a case has both legal and equitable claims, the judge decides the equitable issues first, then the jury decides the legal issues.
b. Equitable clean-up doctrine: Where the main purpose of a case is equitable, and the only legal issue concerns damages that are merely incidental, then the judge may hear the whole case and a jury is not required.

Question 11

California Jury Composition

Answer 11

1. Each party (not each side, as in federal court) is entitled to unlimited challenges for cause (bias, prejudice, related to a party) and six peremptory challenges (used in a gender and race-neutral way).
2. A jury contains 12 jurors and alternates; and only a three-quarters juror vote is required (civil cases only; for criminal cases an unanimous verdict is required).

Question 12

Judgment as a matter of law (JMOL)

Answer 12

Occurs when one party files a motion after the other side has been heard at trial (so a defendant can usually move twice), contending that reasonable people could not disagree on the result, and asks for a judgment as a matter of law. Essentially this serves to take away from the jury.
California: This is called a motion for a directed verdict or a demurrer to the evidence.