Trial, Judgment and Post-Trial Motions

Question 1

Right to Jury Trial

Answer 1

7th Amendment preserves right to jury trial in actions at law but not in suits at equity, in fed court.

If case contains both, jury decides the facts underlying the law claim but not the equity claim.

Question 2

Right to Jury Trial- Requirement of Demand

Answer 2

Must demand jury trial in writing no later than 14 days after service of the last pleading raising a jury-triable issue

Question 3

Strikes of potential jurors

Answer 3

when selecting the jury (the voir dire process), each side has unlimited strikes of potential jurors for cause (e.g., bias, related to a litigatnt)

Each side also has three “peremptory” strikes, which traditionally did not have to explain. However, must be used in race & gender neutral way.

Question 4

Motion for judgment as a matter of law- when can you bring?

Answer 4

After the other side has been heard at trial, so D can move at the close of P’s evidence and again at the close of all evidence. P can move at the close of all evidence.

Question 5

Motion for a judgment as a matter of law- standard

Answer 5

reasonable people could not disagree on the result

In ruling on the motion, the court will generally view the evidence in the light most favorable to the nonmoving party

Question 6

Renewed Motion for judgment as a matter of law- standard

Answer 6

same as JMOL

Question 7

Renewed Motion for judgment as a matter of law- prerequisite

Answer 7

must have moved for JMOL at trial or waive RJMOL

Question 8

Motion for a new trial

Answer 8

A party can move for a new trial within 28 days after entry of the judgment. Judge looks for any error that requires case to be retried.

ex of grounds-

(1) prejudicial (not harmless) error at trial makes judgment unfair (e.g. wrong jury instruction, erroneous evidentiary ruling);
(2) new evidence that could not have been discovered in time for trial;
(3) prejudicial misconduct of party or juror (e.g., juror maade independent investigation of accident scene);
(4) judgment is against the weight of the evidence, showing serious error of judgment by the jury