Trial Flashcards
Right to Jury Trial
7A preserves the right to jury trial in “civil actions in law”—but not suits in equity.
If it’s a mixed suit, jury decides facts underlying the damages claim, not the equity claim (try jury issues first)
Must demand within 14 days of if service of last pleading raising a jury issue or it’s waived.
Note: 7A applies in federal court only (no incorporation against the states)
Jury selection and composition
Unlimited strikes for cause; 3 peremptory challenges (and peremptory strikes must be race and gender-neutral)
Minimum 6 / maximum 12 AND verdicts must be unanimous (absent party consent)
Types of verdicts
(1) General: Jury says who wins, and if P wins, what the relief is.
(2) Special: jury answers specific questions about the facts, and then judge reaches legal conclusions based on the facts found.
(3) General verdict with special interrogatories: Questions ensure the jury considered important issues.
Juror misconduct
Verdict can be impeached based on external matters (e.g., jurors were bribed or based decision on external investigation)
But a juror cannot testify about things occurring during jury deliberations (except to show extraneous prejudicial information).
Motion for Judgment as a Matter of Law (JMOL)
Otherwise known as Directed Verdict
Applies in jury trials
Standard: Reasonable people could not disagree on the result.
Renewed Motion for judgment as a matter of law (RJMOL)
(Same as j.n.o.v.)
Must make motion with 28 days after entry of judgment AND must have made a motion for JMOL at trial (failure waives RJMOL)
Motion for New Trial
(Non-harmless) error at trial requires that we should start over.
Examples:
1) Judge gave an erroneous instruction
2) New evidence that could not have been gotten before with due diligence
3) Misconduct by juror or party or lawyer
4) Judgment is against weight of the evidence
5) Inadequate or excessive damages
Remittitur and Addittur
Damages figure shocks the conscience.
Remittitur: Plaintiff can take a lesser amount or choose a new trial
Additur: Defendant can pay more than jury awarded or go through a new trial (okay in state, but unconstitutional in federal court—violates 7A)
Offer of Judgment
Must make offer at least 14 days before trial
If P rejects, and judgment is not more favorable than D’s offer, he is liable for D’s costs incurred after offer made.
Motion for Relief from Order or Judgment (Motion to Set Aside)
Grounds
1) Clerical error —> anytime
2) Mistake / excusable neglect —> reasonable time (max 1 yr)
3) New evidence —> reasonable time (max 1 yr)
4) Void (e.g., no SMJ) —> reasonable time
