Trial and Post judgement motions

Question 1

There is only a right to jury trial

Answer 1

In Circuit courts where either party has an action of law

Question 2

There is no right to jury trial

Answer 2

1) GDC; or
2) Equitable actions

Question 3

How many jurors for a Personal Injury case more than 50,000

Answer 3

7

Question 4

How many jurors for non personal injury cases more than 25k

Answer 4

7

Question 5

How many jurors for a personal injury case more than 4,500 but less than 50k

Answer 5

5 (remember, if the case is less than 4,500 the Circuit court does not have jurisdiction and therefore no right to trial by jury)

Question 6

How many jurors for a non personal injury case more than 4,500 but less than 50k

Answer 6

5

Question 7

Each side has an unlimited number of strikes for

Answer 7

cause

Question 8

Each side has ____ peremptory strikes

Answer 8

3

Question 9

Peremptory strikes can be for anything but cannot be used to

Answer 9

Discriminate on the basis of race or gender

Question 10

In order to preserve an objection to jury instructions, that party must

Answer 10

object to the proposed jury instructions before the case is submitted to the jury

Question 11

In Deliberations, the jury may take jury instructions, exhibits upon request, and may even be allowed to view a specific place if the court allows it. However, the jury cannot take _____ into deliberations

Answer 11

Pleadings

Question 12

Generally, special verdicts

Answer 12

simply declare the winner of the suit

Question 13

Special verdicts

Answer 13

reveal the jury’s conclusion on various sub issues of the case

Question 14

A motion to strike the evidence, is brought during trial, can be brought by either party and is similar to the federal motion

Answer 14

for judgment as a matter of law

Question 15

What standard does the court apply when evaluating a motion to strike the evidence ?

Answer 15

A summary judgement standard- it will consider all evidence in the light most favorable to the non-movant and determine whether a reasonable jury could rule in the non-movant’s favor

Question 16

A motion to set aside a default judgment must

Answer 16

made made after 21 days and will only be granted in limited circumstances

Question 17

A motion to set aside the judgment as contrary to the evidence is made

Answer 17

Within 21 days after trial

Question 18

A motion to set aside the judgement as contrary to the evidence is like a federal renewed motion for judgment as a matter of law except

Answer 18

A motion to strike does not have to be made at trial

Question 19

A court will grant a motion to set aside the judgement as contrary to the evidence if

Answer 19

No reasonable juror could have reached the verdict in question

Question 20

A motion for a new trial must be made within 21 days after trial and the court must

Answer 20

rule of the motion within 45 days of it being made

Question 21

A motion for a new trial can be based on

Answer 21

1) Misconduct of parties, juror, witnesses, or some other party
2) legal error by the court
3) Evidence that was discovered after trial that could not be discovered before trial, that is not merely cumulative or corroborative; and is of sufficient power that it would have likely produced a new result
4) A damage award that shocks the conscience because its too small/big

Question 22

A remittitur is

Answer 22

a reduction of an excessive amount of damages. The Plaintiff may accept the amount or demand a new trial

Question 23

An additur is

Answer 23

an increase in an insufficient verdict, D may accept the new amount or demand a new trial

Question 24

A relief from judgment must be filed within 2 years of the date of the judgment and the D must

Answer 24

show a fraud on the court, or that the judgement was void

Question 25

The correction of a clerical mistake can be fixed by

Answer 25

the court