Trial matters Flashcards
Who is entitled to a jury AND how is that right secured?
Right to jury trial in Fed. Ct:7th Am. preserves it in actions at LAW, but not in suits at EQUITY IF both → jury determines fact issues underlying law claim but not equity claim. NOTE: 7th Am. does not apply in state courts. Selecting the jury:each side has unlimited strikes of potential jurors for cause (e.g., bias, related to a litigant) AND has 3 preemptory strikes,which MUST use in race/gender neutral way (this is state action) Must demand jury trial in writing no later than 14 DAYS after service of the last pleading raising a jury-triable issue
What is a motion for judgment as a matter of law (JMOL)?
Exceptional order, the effect of which is to take the case away from the jury. Brought when the OTHER side has been heard: ∆ can move at the close of π’s evidence and again at the close of all evidence π can move at the close of all evidence. Standard for granting the motion= reasonable people could NOT disagree on the result Ct. will view evidence in light most favorable to nonmoving party.
What is arenewed motion for judgment as a matter of law (RJMOL)?
AFTER jury returns verdict & ct. enters it, losing party makes renewed motion & if granted results in judgment for him (w/o a new trial) Must move w/in 28 DAYS after entry of the judgment. Standard= reasonable people would not disagree on the result (i.e. jury reached a conclusion reasonable people couldn’t have reached) Ct. views evidence favorably to nonmoving party Prerequisite: Must have made a motion for judgment as a matter of law at the close of all evidence – IF you did not you cannot enter a renewed judgment (it’s WAIVED)
What is a motion for a new trial?
Situation: Judgment entered, but judge concludes that errors at trial require a new trial. Must move w/in 28 DAYS after entry of the judgment. Examples of grounds: Prejudicial (not harmless) error at trial makes judgment unfair (wrong jury instruction, wrong evidentiary ruling) New evidence that could not have been discovered in time for trial Prejudicial misconduct of party or juror (e.g., juror made indpt investigation of accident scene) Judgment is against the weight of the evidence, showing serious error of judgment by the jury. NOTE: granting new trial is less radical than RJMOL, since it results in starting over.
What are the 2 ways a defending party can respond to a complaint?
Under FRCP 12, a defending party may respond in one of 2 ways (by motion or by answer) no later than 21 DAYS after service of process on her Answer is a pleading: ∆ (1) responds to allegations of the complaint (admitting, denying, etc); AND (2) raise affirmative defenses Motions are NOT pleadings: they ask the court to do something (e.g. dismiss the case)
What are the 7 defenses that can be raised in EITHER the answer or a motion?
1) Lack of smjx3 2) Lack of pjx1 3) Improper venue1 4) Insuffient process (a problem w/ the docs)1 5) Insufficient service of process1 6) Failure to state a claim for which relief can be granted2 7) Failure to join an indispensible party2 ———————– 1These defenses MUST be the FIRST Rule 12 response (motion or answer), or they will be WAIVED 2These defenses can be raised for the first time ANY TIME thru the trial 3This defense can NEVER be waived (i.e. can be raised any time, even on appeal)
What are the reqs for a complaint?
Complaint must contain: 1) Stmt of smjx 2) Short/plain stmt of the claim, showing entitled to relief; AND Need not be made w/ great specificity or particularity→ JUST need to put the otherside on “notice” EXCEPTIONS: these 3 three topic req specificity/particularity (more facts): Fraud Mistake Special damages 3) Demand for judgment (does not LTD what can be recovered)
