Trial, Judgment, and Post-Trial Motions

Question 1

Right to Jury Trial in Federal Court

Answer 1

• 7th A preserves right to jury trial in ACTIONS AT LAW, but not suits at equity.
• if a case involves both law and equity, the jury will decide the facts underlying the law claim but NOT the equity claim
• generally the jury issues are tried first.

NOTE: 7TH AMENDMENT ONLY APPLIES IN FEDERAL CIVIL CASES

Question 2

Demanding a jury trial

Answer 2

• in writing

- no later than 14 days after service of the last pleading raising a jury-triable issue

Question 3

Voir Dire

Answer 3

• each side has unlimited strikes for cause

- 3 peremptory stikes which must be used in a race-neutral and gender-neutral way

Question 4

Motion for Judgment as a Matter of Law (JMOL)

• what is it
• when brought
• standard

Answer 4

• exceptional order that takes the case away from the jury
• D can move at the close of Ps evidence and again at the close of all evidence
• P can move at the close of all evidence

-Standard = reasonable people could not disagree on the result; crt will generally view the evidence in the light most favorable to the nonmoving party

Question 5

Renewed Motion for Judgment as a Matter of Law (RJMOL)

• what is it
• when brought
• standard
• prerequisite

Answer 5

• judge did not grant JMOL, jury decided against you, losing party files renewed motion for judgment as a matter of law; if granted it results in entry of judgment for him
• no later than 28 days after entry of the jury judgment
• standard is same as JMOL: reasonable ppl could not disagree on the result
• prerequisite = you MUST have moved for JMOL at trial or you waive right to RJMOL

Question 6

Motion for New Trial

• what is it
• timing
• standard
• compared to JMOL/RJMOL

Answer 6

• jury reaches a verdict and court enteres judgment on that verdict; you want a new trial
• must move w/in 28 days after entry of the jury judgment
• ANY error that requires the case to be retried [prejudicial error, new evidence that couldn’t have been discovered, prejudicial misconduct of a party or juror, judgment is against the weight of the evidence
• granting a new trial is less drastic than granting (R)JMOL b/c new trial results in starting over so the same party might still win, whereas (R)JMOL takes the judgment away from one party and gives it to the other