Trial and Judgment

Question 1

Jury Trial

Answer 1

FL Const does grant a right to jury trial.

Demand must be made in writing no more than 10 days after service of last pleading.

Question 2

Number of Jury members

Answer 2

Civil cases: 6
Eminent domain: 12

Each PARTY gets 3 peremptory challenges (if unequal parties, each side gets the higher number)

Question 3

Jury submissions

Answer 3

Jury can submit written questions for witnesses or the court

Question 4

Jury instructions

Answer 4

FL has standard jury instructions and recommendations when to use.
(judge must follow them unless he finds them erroneous somehow)

Party must object to a jury instruction before jury is charged, to preserve issue for appeal.

Question 5

Verdict

Answer 5

FL: Must be unanimous unless parties agree otherwise

Question 6

Verdict damages

Answer 6

1. Economic loss
2. Non economic loss (pain and suffering)
   Above two are called “Compensatory dmg’s)
3. Punitive (gross negligence and intentional misconduct)
   - Must be shown by clear and convincing evidence.
   - Cannot recover punitive more than 3x compensatory, or $500,000

-No limit though IF:
D had specific intent to harm p, or acted under influence of drugs or alcohol.

Question 7

Belated directed verdict

Answer 7

Same as directed verdict, only this time after return of verdict.

• Must be filed w/i 15 days after return of verdict
• Must have requested directed verdict earlier in trial

Question 8

Motion for new trial

Answer 8

Grounds:

1. Prejudicial error at trial
2. New evidence that couldn’t be discovered earlier
3. Judgment is against weight of evidence