TRIAL, JUDGMENT, AND POST-TRIAL MOTIONS

Question 1

What do juries determine?

Answer 1

Facts

Question 2

Who instructs juries on the law?

Answer 2

Judges

Question 3

The seventh amendment’s right to a jury trial applies to who?

Answer 3

Seventh Amendment applies ONLY in

federal court not state court

Question 4

What does the 7th amendment preserve?

Answer 4

preserves the right to jury in “civil actions at law,” but not in suits at equity.

Question 5

What if a case involves both law and equity?

Answer 5

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.

Question 6

Suppose a case involves a claim for damages (legal relief) and an injunction (equitable relief). Do we get a jury?

Answer 6

Yes, to decide the facts underlying the damages claim, but not the equity claim.

Question 7

What procedurally must you do to get a jury in federal court? In what time period?

Answer 7

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

Question 8

What is the selection process called?

Answer 8

voir dire

Question 9

In voir dire, how many srikes (removal of jurrors) is allowed “for cause” (e.g., bias, prejudice, juror is related to a party)?

Answer 9

There is no limit

Question 10

In federal court, what is it called when you want to remove a juror without cause?

Answer 10

A peremptory strike

Question 11

How many peremptory strikes does each side get?

Answer 11

3

Question 12

In what way must peremptory strikes be used? Why?

Answer 12

peremptory strikes must be used in a race and gender neutral way.
Because Jury selection is state action.

Question 13

How many jurors are needed, minimum, What is the maximum amount of jurors allowed?

Answer 13

We need at least 6 jurors (a verdict cannot be taken from fewer than 6). and no more
than 12.

Question 14

In federal court are there alternate jurors?

Answer 14

There are no alternate jurors – all participate unless excused for good cause.

Question 15

What is the Motion for judgment as a matter of law (JMOL)?

Answer 15

This is an exceptional order, the effect of which is to take the case away from the jury before they have a verdict.

Question 16

When can you bring a JMOL?

Answer 16

After the other side has been heard at trial.

Question 17

How many times can a defendant bring a JMOL?

Answer 17

usually defendant can move twice: at close of plaintiff’s evidence and at close of all evidence at trial.

Question 18

How many times can a plaintiff bring a JMOL?

Answer 18

Once, at the close of all evidence.

Question 19

What is the standard for granting a JMOL?

Answer 19

Reasonable people could not disagree on the result.

Question 20

How does the court view evidence when granting or denying a JMOL?

Answer 20

Court views evidence in the light most favorable to the nonmoving party

Question 21

What is a renewed motion for judgment as a matter of law (RJMOL)?

Answer 21

SAME AS JMOL BUT COMES UP AFTER TRIAL.

Question 22

Do you have to bring a motions for JMOL at trial to bring a RJMOL after trial?

Answer 22

IF YOU DID NOT MOVE FOR JMOL AT TRIAL, YOU CANNOT BRING THE RJMOL MOTION.

Question 23

In what time period must the losing side move for RJMOL?

Answer 23

Move within 28 days after entry of judgment.

Question 24

What is the standard for RJMOL?

Answer 24

the jury reached a conclusion reasonable people could not have reached

Question 25

Why would you bring a motion for a new trial?

Answer 25

judgment entered, but errors at trial require a new trial

Question 26

In what time period must the losing party move for a new trial?

Answer 26

Move within 28 days after judgment.

Question 27

What are the 5 grounds to move for a new trial?

Answer 27

(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.