Trial Procedure Flashcards
Right to Jury
Right to jury trial in civil actions at common law (not equity)
- Demand Requirement - To preserve right to jury, P must demand in writing no later then 14 days after being served w/ last pleading raising questions of law
Right to Jury - Civil Trial Involving law and equity
Civil Actions Involving law and equity
- Damages & Injunctive relief
- Right to jury only to determine questions of law, judge decides equitable issues after legal issues settled by jury
Jury Selection - Number of Jurors
Must be at least 6, but 12 is the max
Jury selection - Verdict
Must be unanimous & be returned by a jury of at least 6 members
Jury Selection - Equal Protection Requirements
Jury must be selected from a representative cross-section of the community
Jury Selection - Due Process Requirements
Method used to select a jury must be fair and impartial
Jury Selection - Voir Dire
Process by which prospective jurors are questioned about their backgrounds & potential biases b/f being chosen to sit on a jury
- Fed. Ct., judge conducts voir dire
Jury Selection - Voir DIre
Exclusion of Prospective Jurors
Exclusion of Prospective Jurors
- Any reason other then Race or Gender - 3 Preemptory Challenges
- Exclusions based on race or gender are unconst.
- For Cause - Unlimited challenges for cause
How can a case be removed from the jury?
- Motion for Judgment as a matter of law (directed verdict)
- Renewed motion for judgment as a matter of law
- Motion for New Trial
Motion for Judgment as a matter of law - Standard
Judge Takes case away from jury
- Standard - Granted if no reas. pers. could differ as to the outcome of the trial (Ext. dif. std. to meet)
- Ev. viewed in light most fav. to the non-moving P
Motion for Judgment as a Matter of Law - Timing
After Non-moving side has presented its case
- ▵ - At close of ∏s evidence OR Close of all trial evidence
- ∏ - Only after all evidence has been presented b/c ▵ presents second
What is the effect of a granted Motion for judgment as a matter of law?
Result - Judge resolves & enters judgment
- if granted non moving Party loses
Renewed Motion for Judgment as a matter of law - Standard
Formally J-ment Notwithstanding the Verdict
Standard - Granted when no reas. jury could have reached the verdict entered by the jury
- Evidence viewed in light most favorable to the jury’s verdict
Renewed Motion for Judgment as a Matter of Law - Timing
w/in 28 days after judgment entered on basis of verdict
When is a party able to move for a renewed motion for judgment a a matter of law?
P Must have moved for judgment as matter of law b/f case goes to jury to preserve right to renewed judgment as matter of law
What is the result of a renewed motion for judgment as a matter of law?
The judge enters judgment
Motion for New Trial
Judge is taking the case away from THIS jury
Motion for New Trial - Timing
w/in 28 says after judgment is entered
Motion for New Trial - Grounds
- Prejudicial Error - Can’t be a harmless error
- Misconduct by Judge, Adverse Party, Jury, or Juror
- Newly Discovered Evidence - couldn’t have been obtained with due diligence during original trial
- Erroneous Jury Instructions
- Verdict Goes Against the Weight of the Evidence - Jury’s verdict is a miscarriage of justice
- Partial New Trial
- Excessive or Inadequate Damages
- Remittitur - If judge thinks award is excessive,
- judge can tell Plaintiff to accept less or face new trial
- Plaintiff must be given the choice
What is the result of a Motion for New Trial
a new trial
When can a party object to a jury instruction?
Objections must occur b/f jury deliberations begin
When can a party propose jury instructions?
No later than the cloase of all evidence
What are the requirements of moving for a new trial based on newly discovered evidence ?
- New Ev. couldn’t be found b/f the verdict
- Evidences value is not solely for the purp. of impeachment
- Ev. will likely change the outcome of the case
What dies a motion for a new trial grounded on procedural error or misconduct require?
That the error or misconduct likely affected the trial and that the party objected during the trial
