Trial and Post Trial Procedure Flashcards
Judgement as a Matter of Law Time to File
must occur before submission to jury & after they have been heard on the merits
if renewal 28 days after final judgment interest
What must the movant show for JMOL
specify judgment sough and law/fact enticing movement to judgment
Final Judgment Rule
appeals court have JD over appeals that were final under district court
Claim Prevlsuions
precludes claims that are identical, have identical parties, and already recieved a valid judgment on the merits
What happens if the judge gives their own jury instruction against the plaintiffs or defendant request?
Yes, does not need to follow their instruction, just need to give them the opportunity to object and build the record
what Is appropraite standard for review for damages by trial judge?
factual finding review under clearly erroneous
If the trial is by judge (not jury) does the court have to state finding and conclusion on the record
it may but is not required
it can state them on the record or may appear in opinion or memo filled y the court
Does the judge need to state their conclusion or finings for summary judgement
they can but are not required
How should the court review a judgment as a matter of law
Procedural Requirements
view evidence in the light most favorable to the opposing party and draw reasonable inferences from evidence in favor of opposing party
When decided a Judgement as a matter of Law can the court rule on the credibility of witnesses?
no that is reserved for the jury
What is the standard to grant JMOL
evidence is legally insufficient for reaonsable jury to find in nonmovants favor
What happens if judge denies JMOL
judge determine that the evidence is legally sufficient for reasonable jury to decide. If judge decide can submit to the jury
When is motion for a new trial granted?
when newly discovered evidence that existed at the time of trial was excusably overlooked and altered outcome
What is Remittur
defendant wants to reduce jury award of damages
Plaintiff may be offered to reduce damages or new trial on damages
What is additur
plaintiff wants to increase jury award for adq. damages
never allowed in federal court
