Trial Procedure

Question 1

Right to Jury

Answer 1

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

Question 2

Right to Jury - Civil Trial Involving law and equity

Answer 2

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

Question 3

Jury Selection - Number of Jurors

Answer 3

Must be at least 6, but 12 is the max

Question 4

Jury selection - Verdict

Answer 4

Must be unanimous & be returned by a jury of at least 6 members

Question 5

Jury Selection - Equal Protection Requirements

Answer 5

Jury must be selected from a representative cross-section of the community

Question 6

Jury Selection - Due Process Requirements

Answer 6

Method used to select a jury must be fair and impartial

Question 7

Jury Selection - Voir Dire

Answer 7

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

Question 8

Jury Selection - Voir DIre

Exclusion of Prospective Jurors

Answer 8

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

Question 9

How can a case be removed from the jury?

Answer 9

1. Motion for Judgment as a matter of law (directed verdict)
2. Renewed motion for judgment as a matter of law
3. Motion for New Trial

Question 10

Motion for Judgment as a matter of law - Standard

Answer 10

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

Question 11

Motion for Judgment as a Matter of Law - Timing

Answer 11

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

Question 12

What is the effect of a granted Motion for judgment as a matter of law?

Answer 12

Result - Judge resolves & enters judgment

• if granted non moving Party loses

Question 13

Renewed Motion for Judgment as a matter of law - Standard

Answer 13

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

Question 14

Renewed Motion for Judgment as a Matter of Law - Timing

Answer 14

w/in 28 days after judgment entered on basis of verdict

Question 15

When is a party able to move for a renewed motion for judgment a a matter of law?

Answer 15

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

Question 16

What is the result of a renewed motion for judgment as a matter of law?

Answer 16

The judge enters judgment

Question 17

Motion for New Trial

Answer 17

Judge is taking the case away from THIS jury

Question 18

Motion for New Trial - Timing

Answer 18

w/in 28 says after judgment is entered

Question 19

Motion for New Trial - Grounds

Answer 19

1. Prejudicial Error - Can’t be a harmless error
2. Misconduct by Judge, Adverse Party, Jury, or Juror
3. Newly Discovered Evidence - couldn’t have been obtained with due diligence during original trial
4. Erroneous Jury Instructions
5. Verdict Goes Against the Weight of the Evidence - Jury’s verdict is a miscarriage of justice
6. Partial New Trial
7. 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

Question 20

What is the result of a Motion for New Trial

Answer 20

a new trial

Question 21

When can a party object to a jury instruction?

Answer 21

Objections must occur b/f jury deliberations begin

Question 22

When can a party propose jury instructions?

Answer 22

No later than the cloase of all evidence

Question 23

What are the requirements of moving for a new trial based on newly discovered evidence ?

Answer 23

1. New Ev. couldn’t be found b/f the verdict
2. Evidences value is not solely for the purp. of impeachment
3. Ev. will likely change the outcome of the case

Question 24

What dies a motion for a new trial grounded on procedural error or misconduct require?

Answer 24

That the error or misconduct likely affected the trial and that the party objected during the trial