TRIAL, JUDGMENT, AND POST-TRIAL MOTIONS Flashcards
What do juries determine?
Facts
Who instructs juries on the law?
Judges
The seventh amendment’s right to a jury trial applies to who?
Seventh Amendment applies ONLY in
federal court not state court
What does the 7th amendment preserve?
preserves the right to jury in “civil actions at law,” but not in suits at equity.
What if a case involves both law and equity?
In federal court, the jury will decide facts underlying the damages claim first and the judge will decide the facts on the equity claim second.
Suppose a case involves a claim for damages (legal relief) and an injunction (equitable relief). Do we get a jury?
Yes, to decide the facts underlying the damages claim, but not the equity claim.
What procedurally must you do to get a jury in federal court? In what time period?
Must demand in writing no later than 14 days after service of the last pleading raising jury triable issue.
What is the selection process called?
voir dire
In voir dire, how many srikes (removal of jurrors) is allowed “for cause” (e.g., bias, prejudice, juror is related to a party)?
There is no limit
In federal court, what is it called when you want to remove a juror without cause?
A peremptory strike
How many peremptory strikes does each side get?
3
In what way must peremptory strikes be used? Why?
peremptory strikes must be used in a race and gender neutral way.
Because Jury selection is state action.
How many jurors are needed, minimum, What is the maximum amount of jurors allowed?
We need at least 6 jurors (a verdict cannot be taken from fewer than 6). and no more
than 12.
In federal court are there alternate jurors?
There are no alternate jurors – all participate unless excused for good cause.
What is the Motion for judgment as a matter of law (JMOL)?
This is an exceptional order, the effect of which is to take the case away from the jury before they have a verdict.
When can you bring a JMOL?
After the other side has been heard at trial.
How many times can a defendant bring a JMOL?
usually defendant can move twice: at close of plaintiff’s evidence and at close of all evidence at trial.
How many times can a plaintiff bring a JMOL?
Once, at the close of all evidence.
What is the standard for granting a JMOL?
Reasonable people could not disagree on the result.
How does the court view evidence when granting or denying a JMOL?
Court views evidence in the light most favorable to the nonmoving party
What is a renewed motion for judgment as a matter of law (RJMOL)?
SAME AS JMOL BUT COMES UP AFTER TRIAL.
Do you have to bring a motions for JMOL at trial to bring a RJMOL after trial?
IF YOU DID NOT MOVE FOR JMOL AT TRIAL, YOU CANNOT BRING THE RJMOL MOTION.
In what time period must the losing side move for RJMOL?
Move within 28 days after entry of judgment.
What is the standard for RJMOL?
the jury reached a conclusion reasonable people could not have reached
Why would you bring a motion for a new trial?
judgment entered, but errors at trial require a new trial
In what time period must the losing party move for a new trial?
Move within 28 days after judgment.
What are the 5 grounds to move for a new trial?
(1) prejudicial (not harmless) error at trial makes judgment unfair (e.g.,
wrong jury instruction; evidentiary ruling);
(2) new evidence that could not have been
obtained with due diligence for the original trial;
(3) prejudicial misconduct of party or
attorney or third party or juror (e.g., juror conducted independent investigation of
accident);
(4) judgment is against the weight of the evidence (serious error of judgment
by jury);
(5) excessive or inadequate damages.
