Trial Procedure Flashcards
Right to Jury Trial
action at law tried on demand to a jury, but for state-law claims in diversity actions, federal law will determine whether there is a right to a jury trial.
Usually only legal in nature, not equitable.
Right to jury trial (7th Amendment) only extends to Federal Courts, not state courts.
Jury Demand
must be served within 14 days after service of the last pleading directed to the issue that is to be tried by jury
Jury Size
Minimum of 6 jurors, maximum of 12
Jury Selection
Each litigant gets 3 peremptory challenges so long as not used for race or gender reasons.
Jury Verdict
must be unanimous and the verdict must be returned by a jury of at least 6 members.
Excusing a juror
a juror can be excused for good cause not only prior to submission of the case to the jury, but also during jury deliberations.
good cause = sickness, family emergency, or juror misconduct.
Special Verdict
written finding made by jury on each issue of ultimate fact
General Verdict
typically a decision by the jury as to the prevailing party and if P is the prevailing party, the amount of damages
General with Special Interrogatories
couples a general verdict with special verdict. used to ensure that the jury independently considered the material facts of the case in arriving at its verdict.
Directed Verdict (judgment as a matter of law)
Court must view evidence in light most favorable to the opposing party and draw all reasonable inferences from evidence in favor of the opposing party.
Can do this any time before the case is submitted to the jury.
Renewed Motion for judgment as a matter of law (JNOV)
if court doesn’t grant directed verdict, movant can file a JNOV no later than 28 days after entry of final judgment.
Motion for new trial
the court can grant a new trial with respect to some or all issues to prevent a miscarriage of justice.
