Trial

Question 1

Under the North Carolina Constitution, you are guaranteed a jury trial:

Answer 1

actions about property

Question 2

By common law, a jury trial is also available:

Answer 2

• All civil actions at common law

- Statutes giving right to jury trial

Question 3

How to secure rights to jury trial?

Answer 3

The party seeking the jury trial must give written demand

• Serve on all parties within 10 days after last pleading is filed
• Waived if not served timely

Question 4

When can a jury trial be demanded?

Answer 4

at any point in the pleadings

Question 5

If a jury trial has already been demanded and the parties decide they dont want a jury trial, then

Answer 5

they can waive it if all the consent of the parites is present

Question 6

Right to a jury trial can be asserted by a new party that is joined if?

Answer 6

Made within 10 days of being joined

Question 7

If a jury trial is demanded at state court and it is moved to federal court?

Answer 7

The jury trial remains

Question 8

In all actions tried without a jury or with an advisory jury, the court shall:
(3)

Answer 8

1. judge enters an order that must contain specific finds of fact
2. conclusions of law the judge made
3. the entry of the appropriate judgment for either side

Question 9

Default rule for jury verdicts?

Answer 9

has to be unanimous

Parties can stipulate to agreeing less than unanimous

Question 10

Default number of jurors

Answer 10

12

Question 11

In N.C. how many preemptory challenges does each side have?

Answer 11

8

Question 12

In a civil trial, the standard of proof required:

Answer 12

preponderance of the evidence (51%)

Question 13

A per diem argument is

Answer 13

Calculate the loss per day to the πand then multiply by life expectancy

Question 14

When a per diem argument is used, what has to happen?

Answer 14

The judge has to tell the jury they are not bound by the estimates of the attorney
+
Tell jury it is not evidence
+
They have an obligation to come up with a lump sum amount

Question 15

A trial judge enters judgment as a matter of law (also known as a directed verdict or judgment notwithstanding the verdict (J.N.O.V.)) when a party convinces the judge that:

Answer 15

There is no evidence upon which the other party can prevail on a claim

-no reasonable juror could find in favor of the non-moving party on a given claim

Question 16

If a directed verdict is granted?

Answer 16

The whole case is removed from the jury

• judgments on the merit
• immediately appealable

Question 17

In ruling on a directed verdict, the court must consider

Answer 17

all the evidence and reasonable inferences in favor of the non-moving party

Question 18

When can a directed verdict be brought?

2

Answer 18

After the opposing party has been fully heard with respect to the issue or claim
+
Before case submitted to jury

Question 19

There are “natural” points during the trial for a directed verdict motion to be made:
(3)

Answer 19

1. close at π’s evidence
2. close at ∆’s evidence
3. close of rebuttal evidence

Question 20

A J.N.O.V. is granted when?

Answer 20

The evidence is insufficient to support the jury’s verdict

Question 21

If the judge grants a directed verdict before the jury returns a verdict, but the directed verdict is reversed on appeal:

Answer 21

the entire trial must redone

Question 22

If the case is decided by the jury, the judge can then overturn an unsupportable jury verdict by granting a directed verdict (J.N.O.V.) after the jury verdict; if the judge is then reversed on appeal:

Answer 22

Then the decision of the jury is reinstated

Question 23

In order to preserve the right to make a JNOV, what must happen?

Answer 23

there must be a directed verdict made

-A JNOV is a renewal of a directed verdict

Question 24

How to request special jury instructions?

Answer 24

Has to be in writing and served to judge

Question 25

How to preserve appeal of jury instructions?

Answer 25

Have to object before they are read.

Question 26

A general verdict is:

Answer 26

just say π wins; or

∆ wins

Question 27

A special verdict is:

Answer 27

when the jury must conclude specific findings of facts

Question 28

Additur allows

Answer 28

A judge in N.C. to add damages if the jury verdict is insufficient based on the evidence

≠ federal court

Question 29

Remittitur allows

Answer 29

A judge in N.C. to remove damages if the jury verdict is excessive based upon the evidence

Question 30

What is the standard of review for additur and remittitur

Answer 30

abuse of discretion

Question 31

A Judgement is entered by

2

Answer 31

1. judge or jury read verdict in open court and court reporter records
2. judge signs a written order

Question 32

When must a party file a J.N.O.V.?

Answer 32

Within 10 days of entry of final judgment

Question 33

When must a JNOV be denied?

Answer 33

If there is a scintilla of evidence supporting the verdict.

Question 34

What happens if a JNOV is joined with a motion for a new trial?

Answer 34

The judge must rule on both

Question 35

If the judgment notwithstanding the verdict (J.N.O.V.) is granted but reversed on appeal, and the motion for a new trial was conditionally granted:

Answer 35

The new trial will proceed automatically

Question 36

If the judgment notwithstanding the verdict (J.N.O.V.) is granted but reversed and the motion for a new trial was conditionally denied:

Answer 36

Appellate court decides what happens next

Question 37

If the trial court grants D’s motion for judgment notwithstanding the verdict:

Answer 37

The π must file for a new trial within 10 days of judgment

Question 38

If D’s motion for judgment notwithstanding the verdict is denied and D appeals the jury verdict:

Answer 38

π must assert grounds for a new trial

Question 39

A motion for a new trial, once served, requires that the opposing party

Answer 39

respond with affidavit within 10 days

Question 40

A motion for a new trial must be made when?

Answer 40

Within 10 days of entry of judgement

Question 41

Grounds for a new trial

8

Answer 41

a new trial may be granted for the following causes or grounds:

(a) irregularity which prevented fair trial
(b) misconduct of jury or prevailing party
(c) accident or surprise which ordinary prudence could not have guarded against;
(d) newly discovered evidence
(e) manifest disregard by the jury of the judge’s instructions;
(f) damages were insufficient or inadequate
(g) evidence insufficient to justify the verdict;
(h) error in law that occurred in the trial

Question 42

A party can move for relief from judgement if:

7

Answer 42

1) when there has been mistake, inadvertence, surprise, or excusable neglect;
2) newly discovered evidence
3) fraud in the proceedings
4) judgement is void
5) if the judgment has been satisfied, released, or discharged;
6) any other reasonable grounds
7) Clerical errors