Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

T&D.Edits.Civil.Procedure > Trial and Post Trial Motions > Flashcards

Trial and Post Trial Motions Flashcards

1
Q

When does a party have a right to a jury?

A
  1. Amount in controversy is greater than $20
  2. Claims seeking damages (not injunction)
  3. The cause of action is analogize to a cause in a 1791 common law court
    * More Info:* Right to Jury
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

If both damages and injunctions for relief are sought, does the right to a jury exists?

A

Yes, the right to the jury exists for the underlying facts of the damages claim even if it results in an injunction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What types of claims trigger the right to a jury trial?

A

The cause of action can be analogized to a cause in a 1791 common law court

More Info: Right to Jury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Who can exercise the right to a jury trial?

A

Any single party in a lawsuit.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

How can a party demand a jury trial?

A

Step 1: File a written demand within 14 days after the last complaint or answer is filed

Step 2: Serve to the other parties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the range for jury sizes?

A

6-12 members

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is a juror challenge for cause?

A

During voir dire, any party may ask the court to dismiss a potential juror because the juror is unfit to serve due to bias

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the process by which juries are selected?

A

Voir dire

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

How many challenges for cause does each side have?

A

Unlimited

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is a peremptory challenge?

A

Each party has three such challenges, and when exercised, the juror is automatically dismissed. In making a peremptory challenge, a party need not articulate its reason for dismissal unless the strikes give rise to an inference of racial or gender discrimination.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

How many peremptory challenges does each party get?

A

Each party has 3 challenges.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

If a peremptory strike gives rise to an inference of racial or gender discrimination, what is the moving party required to do?

A

Provide a non-discriminatory explanation for the strike or withdraw the strike

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

When can a party propose jury instructions?

A

No later than the close of all evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

When can a party object to a jury instruction?

A

Objections must occur before jury deliberations begin

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

By default, jury verdicts must be?

A

Unanimous; however, the parties can stipulate other arrangements.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is a general verdict?

A

The court may direct the jury to return a general verdict where a jury’s verdict only states that the defendant or the plaintiff wins

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is a special verdict?

A

The court may direct the jury to answer specific questions of fact in their verdict

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is a general verdict with specific questions?

A

The court may order the jury to return a general verdict and also to answer specific questions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

If the verdict and answers to the questions are inconsistent, what can the judge do?

A
  1. Order a new trial
  2. Order the jury to redeliberate
  3. Order answer consistent with the questions
20
Q

What are the requirements for findings on bench trials?

A

If a claim is tried before a judge rather than a jury, the court must:

  1. Find the facts specially. The court must state its finding with regard to the facts in dispute.

And

  1. State its conclusions of law separately.
21
Q

When can a judge enter a partial judgment?

A

A court can enter judgment on one claim without entering judgment on other claims if:

  1. A party has been fully heard on an issue

And

  1. The court determines that the party lacks sufficient evidence to prevail on a particular claim
22
Q

When is a motion for a judgement as a matter of law appropriate?

A
  1. The party against whom the judgment is entered has been fully heard on an issue

And

  1. The party lacks sufficient evidence to prevail on an issue necessary to a particular claim or defense. This standard is, in essence, the same as the summary judgment standard.
    * More Info:* Judgment as a Matter of Law
23
Q

What is a renewed motion for judgment as a matter of law?

A

If a party files an unsuccessful motion for judgement as a matter of law (JML) during trial, and then loses at trial, the party may file a renewed motion for judgment as a matter of law. This motion makes the same argument as the previous JML and is decided according to the same standard.

24
Q

What is needed to file a renewed motion for judgment as a matter of law?

A

An original motion for a judgement as a matter of law during the trial.

25
Q

When must a renewed motion for judgment as matter of law be made?

A

Within 28 days of judgment

26
Q

What is generally the deadline for all post-trial motions?

A

28 days

27
Q

In ruling on a renewed motion for judgement as a matter of law, what actions may the court take?

A
  1. Allow the verdict to stand
  2. Enter the opposite verdict
  3. Order a new trial (even if a motion for new trial was not made)
28
Q

A motion for a new trial may be granted for what reasons?

A
  1. Verdict is against the great weight of the evidence
  2. Excessive damages are awarded
  3. Procedural error or misconduct occured
  4. Newly discovered evidence exists
    * More Info:* Motion for a New Trial
29
Q

When is a verdict against the great weight of the evidence?

A

When giving every deference to the prevailing party, they are still not entitled to the verdict.

30
Q

If a court finds excessive damages have been awarded, what options does the losing party have?

A
  1. Move for a new trial

Or

  1. Move to pay less than the amount prescribed
31
Q

What motion should you use when damages are inadequate?

A

There is no motion for additur in federal court.

32
Q

What does a motion for a new trial grounded upon procedural error or misconduct require?

A

That the error or misconduct likely affected the trial

and that the party objected during the trial.

33
Q

List the types of errors that are grounds for a new trial.

A
  1. Exclusion of evidence
  2. Incorrect jury instructions
  3. Communication between witnesses
  4. Ex parte communication with the judge
  5. Juror misconduct
34
Q

What are the requirements of moving for a new trial based on newly discovered evidence?

A

1) The new evidence could not be found before the verdict
2) The evidence’s value is not solely for the purpose of impeachment
3) The evidence will likely change outcome of case
* More Info:* Newly Discovered Evidence

35
Q

When must a motion for a new trial be filed?

A

Within 28 days of the entry of the judgment

36
Q

A motion for relief from judgment asks the court to do what?

A

Undo the judgment entered against the party

More Info: Motion for Relief from Judgment

37
Q

List the six reasons a motion for relief from judgment may be granted.

A
  1. Mistake, inadvertence, excusable neglect (e.g. default judgment)
  2. Newly discovered evidence
  3. Fraud, misrepresentation or misconduct
  4. Judgement is void
  5. Judgement has been satisfied
  6. Any other reason justifying relief
38
Q

When is a motion for relief due to judgment for fraud, misrepresentation, or misconduct appropriate?

A

If a party withholds key evidence during discovery, bribes a witness, or makes false statements to the court or other parties, a party subject to an adverse judgment may seek relief from that judgment.

39
Q

When is a motion for relief from judgment due to a judgement that is void appropriate?

A

If the judgment entered is void because the court lacked subject matter jurisdiction or personal jurisdiction, then a party subject to the judgment may seek relief from the judgment.

40
Q

When must a motion for relief from judgment be made?

A

It must be made within a reasonable period of time of learning of the grounds for a motion. In the case of mistake, new evidence, or fraud, it is best to make the motion promptly.

41
Q

If a party has expressly demanded a jury trial in accordance with state law, what must they do to keep the jury trial if the case is removed to federal court?

A

Nothing, the jury demand does not need to be renewed.

42
Q

On what types of issues may a party move for summary judgment?

A

Any issue in the case or the cause of action as a whole

43
Q

Race-based exclusions of jurors is barred by what?

A

The Equal Protection Clause of the 14th Amendment

44
Q

Involuntary dismissals are what type of judgments?

A

A final judgment on the merits, unless the case was dismissed due to lack of subject matter jurisdiction, personal jurisdiction, or venue.

45
Q

What involuntary action can be set aside by a showing of good cause?

A

A clerk’s entering of default (the actual notation not the judgment)

T&D.Edits.Civil.Procedure (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions