Trial Matters

Question 1

Who is entitled to a jury AND how is that right secured?

Answer 1

7th Amendment preserves right to jury trial in federal court 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 Amendment does not apply in state courts.

Selecting the jury:

- Unlimited strikes for cause; AND
- 3 (non-discriminatory) preemptory strikes	
- Must demand jury trial in writing no later than 14 DAYS after service of the last pleading raising a jury-triable issue

Question 2

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

Answer 2

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

** Court will view evidence in light most favorable to nonmoving party.

Question 3

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

Answer 3

AFTER jury returns verdict and the court enters it, losing party makes renewed motion & if granted results in judgment for him (without a new trial)

** Must move within 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)

** Court 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)

Question 4

What is a motion for a new trial?

Answer 4

Judgment entered, but judge concludes that errors at trial require a new trial.

** Must move within 28 DAYS after entry of the judgment.

Examples of grounds:

1) Prejudicial (not harmless) error at trial makes judgment unfair (wrong jury instruction, wrong evidentiary ruling)
2) New evidence that could not have been discovered in time for trial
3) Prejudicial misconduct of party or juror (e.g., juror made independent investigation of accident scene)
4) 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.

Question 5

How can a defending party can respond to a complaint?

Answer 5

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) ∆ raises affirmative defenses

Motions are NOT pleadings: they ask the court to do something (e.g. dismiss the case)

Question 6

What defenses can be raised in EITHER the answer or a motion?

Answer 6

1) Lack of subject matter jurisdiction*
2) Lack of personal jurisdiction*
3) Improper venue*
4) Insuffient process (a problem w/ the docs)*
5) Insufficient service of process*
6) Failure to state a claim for which relief can be granted
7) Failure to join an indispensible party**

• These defenses MUST be in the FIRST Rule 12 response (motion or answer), or they will be WAIVED

** These defenses can be raised for the first time ANY TIME throughout the trial

*** This defense can NEVER be waived (i.e. can be raised any time, even on appeal)

Question 7

What are the requirements for a complaint?

Answer 7

Complaint must contain:

1) Stmt of subject matter jurisdiction
2) Short/plain statement of the claim, showing entitled to relief; AND
3) Need not be made w/ great specificity or particularity→ JUST need to put the otherside on “notice”

EXCEPTIONS: these 3 three require specificity/particularity:

- Fraud
- Mistake
- Special damages

** Demand for judgment does not limit recovery