Trial, Judgment, and Post-Trial Motions'

Question 1

What is a motion in limine?

Answer 1

A pretrial motion to decide whether the jury should hear certain evidence.

Question 2

The 7th Amendment preserves the right to a jury trial in this type of suit?

Answer 2

Civil Action at Law.

Question 3

Does the 7th Amendment preserve the right to a jury trial at equity?

Answer 3

No

Question 4

If a case involves both law and equity and there is a demand for a jury, what limitations on the jury?

Answer 4

Jury decides the facts underlying the legal claim, but not the equity claim.

Question 5

Does the 7th Amendment apply in state court?

Answer 5

No

Question 6

The jury demand must be issued in writing no later than ____ days after the service of . . .

Answer 6

14 days

Last pleading raising jury triable issues.

Question 7

How many peremptory challenges to prospective jurors?

Answer 7

3

Question 8

Peremptory challenges may not be used for ___ or ___

Answer 8

Race or gender

Question 9

Jurors in fed court: min and max?

Answer 9

6 and 12

Question 10

Six jurors are empaneled and one is excused for good cause. Can the remaining five return a verdict?

Answer 10

No, need at least six unless agreed otherwise.

Question 11

Unless parties agree otherwise, what jury vote is required for a verdict?

Answer 11

Unanimous

Question 12

Must the parties be allowed to make specific objections to the instructions and to the rejection of proposed instructions? If no, why? If so, by when?

Answer 12

Yes, before final argument and instruction

Question 13

If a party fails to object to instructions before the jury is charged, can he raise such an objection on appeal?

Answer 13

Almost always No

Question 14

When can a party who fails to timely object to jury instructions raise the issue on appeal?

Answer 14

When there is plain error that affects substantial rights.

Question 15

Three types of verdicts?

Answer 15

General

Special

General w/ special interrogatories

Question 16

What is unique about a special verdict?

Answer 16

Jury answers specific questions about the facts in dispute. The judge then reaches conclusions based on the those facts the jury found.

Question 17

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

Answer 17

To ensure the jury considered the important issues.

Question 18

On a general verdict, who enters the judgment?

Answer 18

Clerk

Question 19

On a special verdict or general with special rogs, what happens?

Answer 19

Judge approves a judgment and clerk enters

Question 20

What happens if they verdict shows that the jury did not follow instructions OR it is internally inconsistent?

Answer 20

No judgment is entered.

Question 21

If there is juror misconduct, the court can do what two things?

Answer 21

Set aside the verdict,

Order new trial

Question 22

Will a verdict be set aside if misconduct of juror is harmless?

Answer 22

No

Question 23

A juror cannot testify about things occurring or statements made during jury deliberations EXCEPT to show what>

Answer 23

Extraneous prejudicial information OR outside influence.

Question 24

A motion for Judgment as a Matter of Law is based on what?

Answer 24

Evidence presented at trial

Question 25

Why would a judge grant JMOL and not let the jury decide the case?

Answer 25

If reasonable people could not disagree on the result

Question 26

When can a party move for JMOL?

Answer 26

After the other side has been heard at trial.

Question 27

When there is a motion for JMOL, the court views the evidence in a light most favorable to whom?

Answer 27

The non-moving party

Question 28

When is a RJMOL proper?

Answer 28

When the jury reached a conclusion that reasonable people could not have reached.

Question 29

Effect of a grant of RJMOL?

Answer 29

Judgment for the party that lost the verdict.

Question 30

Time limit for moving for RJMOL?

Answer 30

28 days after the entry of judgment

Question 31

What is an absolute prerequisite to bring RJMOL?

Answer 31

Must have moved for JMOL at the proper time during trial.

Question 32

A party must move or a new trial within how long of what?

Answer 32

28 days after judgment is entered.

Question 33

A new trial can be granted on the based of what?

Answer 33

Any non-harmless error that makes the judge think a do-over is warranted.

Question 34

Why is ordering a new trial less drastic than RJMOL?

Answer 34

It results in a do-over, so the same party could win again.

Question 35

What is remittitur?

Answer 35

A request for P to take a lesser amount than what was set by the jury.

Question 36

Is remittitur ok in both fed and state court?

Answer 36

Yes

Question 37

What is additur?

Answer 37

A request that the D pay a greater amount in damages than the jury set.

Question 38

In additur ok in both fed and state court?

Answer 38

Not OK in fed, but OK in state.

Question 39

Why is additur considered unconstitutional in fed court?

Answer 39

Violates the 7th Amendment.

Question 40

A Motion for Relief from Order or Judgment asks the district court to do what?

Answer 40

Set aside an order or judgment.

Question 41

Four grounds from a Motion for Relief From Order or Judgment? Plus timing

Answer 41

Clerical Error (anytime)

Mistake, excusable neglect (reasonable time, no more than 1 year)

New evidence that could not have been discovered with due diligence for a new trial motion (reasonable time, no more than 1 year)

Judgment is void (reasonable time, no maximum)

Question 42

In a MSJ, the court does/doesn’t weigh the credibility of witnesses and the strength of the evidence.

Answer 42

Doesn’t

Question 43

If default is entered against a D and much later he discovers that the court lacked SMJ, what action should he take to prevent A from executing?

Answer 43

Bring an independent suit in equity to set aside the judgment (because jurisdictional defect is grounds to set aside a judgment)

Question 44

In equity, there are two basic grounds for seeking relief from a judgment: ____ defects and ____

Answer 44

Jurisdictional Defects

Fraud