Trial, Judgment, and Post-Trial Motions Flashcards
What type of claim is not included in the 7th amendment right to a jury trial in federal court?
Claims of equity are not entitled to a jury trial, but claims of law are.
Who decides the facts when a claim is an equity claim?
The judge.
Who decides the facts when the claim is a law claim?
The jury.
Who decides the facts when the clim is partially an equity and partially a law claim?
The judge decides the facts underlying the equity claim, and the jury decides the facts underlying the law claim.
Is a jury trial granted by default?
No - the person with a right to a jury trial must raise their right no later than 14 days after service of the last pleading that raises a jury-triable issue.
How many strikes of potential jurors do parties get if the strikes are for cause?
Unlimited.
How many peremptory strikes do parties get?
Only 3 - and they cannot be based on gender or race discrimination.
What standard is required for granting a Judgment as a Matter of Law (JMOL)?
Reasonable people could NOT disagree on the result (i.e. the evidence is overwhelmingly clear).
When is it appropriate to raise a JMOL motion?
After the adverse party has presented its case. D can raise any time after the P’s case, P can raise after D’s case.
When can a party make a Renewed Judgment as a Matter of Law (RJMOL)?
If they made a JMOL motion at the appropriate time, and after the jury has reached a verdict that the moving party believes is against the weight of the evidence.
What is the standard for RJMOL?
No reasonable jury could have reached that conclusion, as a matter of law. The judge views the evidence in the light most favorable to the non-moving party.
If a motion for RJMOL is granted, what does the judge do?
The judge vacates the jury’s verdict and enters the opposite judgment.
When can an RJMOL motion be made?
Must be made no later than 28 days after judgment was entered.
When can a party move for a new trial?
After the jury has reached a verdict and the court enters a judgment, and then within 28 days of the judgment.
What is the standard for granting a new trial?
Any error that requires the case to be retried and was not harmless.
