Trial - Controlling the Jury

Question 1

What rules?

Answer 1

49

51

Question 2

What are three basic ways to control a jury?

Answer 2

1. Evidence admissibility rulings
2. Jury instructions
3. Jury verdict forms

Question 3

What is the purpose of rulings on admissibility of evidence?

Answer 3

Minimize jury’s exposure to bias and confusion

Question 4

In order to reverse a verdict based on incorrect ruling on admissibility of evidence, what must the judge’s error be?

Answer 4

Prejudicial

Question 5

What is the deadline for parties to submit jury instructions? What rule?

Answer 5

No later than close of evidence

R.51

Question 6

Are parties require to submit jury instructions?

Answer 6

No

Question 7

When do parties usually submit jury instructions?

Answer 7

Pretrial conference

Question 8

What tool do most parties use to draft jury instructions?

Answer 8

Pattern instructions from form books

Question 9

Do courts like pattern instructions?

Answer 9

Yes, approved by federal courts

Question 10

What is the benefit of using form pattern instructions?

Answer 10

Proven to be successful (not reason for reversing verdict)

Question 11

What is the risk of using form pattern instructions?

Answer 11

May not be fully or specifically applicable to your case

Question 12

Which has a higher status = commercially published forms for pleading or discovery or federal pattern jury instructions? Why?

Answer 12

Federal pattern jury instructions because they are often commissioned by courts and prepared by bar scholars

Question 13

What are the requirements to preserve issue of jury instruction for appeal?

Answer 13

1. Request your own (alternative) instructions

2. Object to instructions

Question 14

If a party fails those two requirements to preserve issue, what happens?

Answer 14

Issue is waived on appeal

Question 15

What types of jury verdict forms are there? What rule?

Answer 15

1. General verdict
2. Special verdict
3. General with special interrogatories

R.49

Question 16

What is the most common jury verdict form?

Answer 16

General

Question 17

General verdict

Answer 17

Asks jury to answer

1. Who wins?
2. If P, how much relief?

Question 18

Special verdict

Answer 18

Asks jury to answer fact-based questions that ultimately allow court to answer questions of law

Question 19

General verdict with special interrogatories

Answer 19

Asks jury to answer

1. Who wins?
2. If P, how much relief?
3. Specific questions concerning ultimate facts in case

Question 20

What is the procedure for special verdict?

Answer 20

1. Submit to jury series of questions regarding each ultimate fact
2. Based on answer, court makes legal conclusions

Question 21

What is the purpose of a general verdict form with special interrogatories?

Answer 21

To ensure jury properly considered the important issues

Question 22

What are the two types of inconsistency for general verdict with special interrogatories?

Answer 22

1. Internally consistent

2. Internally inconsistent

Question 23

Internally consistent (general verdict with special interrogatories)

Answer 23

Fact answers don’t match general verdict

Question 24

Internally inconsistent (general verdict with special interrogatories)

Answer 24

Fact answers don’t match each other

Question 25

Remedies for internally consistent error (general verdict with special interrogatories)

Answer 25

1. Enter judgment in accordance with answer (disregard general verdict)
2. Return case to jury
3. Order new trial

Question 26

Remedies for internally inconsistent error (general verdict with special interrogatories)

Answer 26

1. Return case to jury

2. Order new trial