Trial Issues Flashcards
Summary Judgment
A summary judgment motion must be granted if, from the pleadings, affidavits, and discovery materials, there is no genuine issue of material fact and thus the moving party party is entitled to a judgment as a matter of law. Courts generally view evidence in light most FAVORABLE to the NON-MOVING party. Court may not decide disputed fact issues. Genuinely disputed material facts are backed by evidence on both sides of the issue. Here…
Seventh Amendment - Right to Jury Trial
The seventh amendment preserves the right to a jury trial if the amount in controversy exceeds $20 and the plaintiff is seeking legal, not equitable relief. If a case involves BOTH damages and equity, the jury decides the legal issues and the equitable issues are later decided by the judge. Here…
In CA, equitable issues are tried first. No jury where the main remedy sought is equitable and damages are incidental.
Judgment as a Matter of Law (JMOL or Directed Verdict)
A JMOL is a motion brought after the other side has been heard at trial that allows the judge to decide the case if reasonable people could not disagree on the result. Evidence is viewed in the light most favorable to the non-moving party. Here…
In CA, this is called Motion for Directed Verdict
Renewed Motion for Judgment as a Matter of Law (RJMOL)
A RJMOL is the same standard as JMOL but comes up after trial after the jury return a verdict that reasonable people could not have reached. Moving party MUST have brought JMOL at trial and must bring RJMOL within 10 days after entry of judgment. Here…
In CA, this is called Motion for Judgment Notwithstanding the Verdict
Motion for New Trial
A judge may require a new trial within 10 days of judgement on the basis of prejudicial errors, new evidence, or misconduct. If the damages are excessive or inadequate, the judge can avoid a new trial be ordering Remittitur or Additur (party decides to take new offer or new trial).
Final Judgment Rule
Generally, a party may only appeal after a final judgment on the merits of the case. Final judgments must be appealed within 30 days. Here…
In CA, an appeal must be filed within 60 days after mailing or the service of the notice of entry of judgment, or 180 days after entry of judgement if no notice was mailed or served. Here…
Appeal by Writ
A party can seek an extraordinary writ of mandamus upon showing that irreparable harm would result if the normal appeals process were followed. This is at the discretion of the court.
Interlocutory (non-final) Review
The exceptions to the FJR are pretrial orders involving injunctions, final judgment on collateral matters, or when there is a substantial disagreement on law and the appellate court agrees to hear it. Here…
