Trial Procedure Flashcards

Question

Scott v. Woods | Black Letter Propositions of the 7th Amendment as applied to NM

Answer 1

7th Amendment does not apply to NM. Right to a jury trial comes from the NM Constitution. NM looks to the Ross v. Bernhard (federal case) to define this right: 1. Premerger Custom (Law & Equity) 2. Remedy Sought (contemporary relief) 3. Ability and Limits of Jurors Question of jury right depends on the NATURE of the claims, not the character of the overall action. Joining a legal with an equitable claim gives the plaintiff a right to have common issues of fact decided by a jury and can provide a right to have the legal claims tried first. Issues common to both legal and equitable claims are to be tried by the jury.

Answer 2

Issue: Whether interpretation of a patent document is a matter of law for the court to decide instead of the jury. Holding: Construction of a patent document exclusively decision of the court. Historically, no antecedent, but analogized to infringement cases which were decided by judges back in 1789. Consider relative interpretive skills of judges and juries and statutory policies furthered by the allocation. Functional Policy Considerations: - Judges better at this than juries - Limits of jurors; very technical subject matter - Uniformity. Stare Decisis/C/E reasons.

Answer 3

Background: Amendment required that demand for jury trial to determine liability be granted but that trial court, not jury, should determine the AMOUNT of penalty in Clean Air Act cases. Holding: Determining civil penalty is not an ESSENTIAL FUNCTION of the jury.

Answer 4

7th Amendmnet provides right to jury trial on all issues pertinent to an award of statutory damages under the Copyright Act, INCLUDING THE AMOUNT itself. This case distinguishes Tull because based on the historical evidence, the amount of statutory damages in copyright actions is a legal question and traditionally belongs to the jury. That is, direct historical evidence in copyright cases set amount of damages.

Answer 5

Court rejected any "complexity exception" to right to jury trial. Founding fathers didn't assume that juries are just stupid.

Answer 6

Nm Judges determine whether K is ambiguous. If no, judges construe contract. If yes, jury resolves ambiguity. In addition, jury determines if K calls for attorney fees, but judges determine AMOUNT of fees.

Answer 7

Holding: •Right of a school employee to continued employment is established by statute. •Therefore legislature can constitutionally prescribe methods of adjudicating termination of right •No constitutional problem with lack of jury trial right. •Cause of action of contract claim for government employment did not exist at statehood •Relief was equitable at time and is so now Congress may assign disputes involving public rights. (at min. this includes any suit brought by an individual against the Gov’t pursuant to valid legislation)

Answer 8

In NM adopted constitutional amendment to allow legis. to establish an administrative body to deal with worker’s compensation claims. Set up special workers’ compensation tribunals with appellate review to the courts.

Answer 9

In civil cases, each party is allowed 3 peremptory challenges. Several D's or several P's may be considered a single party or court may allow additional peremptory challenges and permit them to be exercised separately or jointly.

Answer 10

Holding: D's had diverse and potentially conflicting interests. NO CONSTITUTIONAL RIGHT TO PEREMPTORY.

Answer 11

1. Whether parties employed the same attorneys 2. Whether separate answers were filed 3. Whether the parties' interests were antagonistic 4. In a negligence claim, whether different independent acts of negligence are alleged in a suit governed by comparative negligence 5. 5. Court should consider the extent to which the alleged diversity of interest will affect the choice of individual jurors when considered in light of the common interests of the defendants as against the interests of the plaintiff or plaintiffs in the selection of jurors. (Discretion)

Answer 12

Holding: • Found 1 woman left on jury with C-section because occurred remotely (race-neutral explanation) • District court’s rejection of Batson challenge reviewed for clear error, found none--Affirmed

Answer 13

1. The defendant must make a prima facie showing that prosecutor exercised peremptory challenges on the basis of race. 2. The burden shifts to the prosecutor to articulate a RACE-NEUTRAL explanation for striking the jurors in question. a. Must be clear, reasonably specific, legitimate, and related to case. Can use body language but must articulate. 3. Trial court must determine whether D has carried his burden of proving purposeful discrimination. “The decisive question is whether counsel’s race-neutral explanation should be believed.” *SCOTUS has said don’t need to share the same characteristics of those claiming were discriminated against.

Answer 14

* A directed verdict is appropriate only when there are no true issues of fact to be presented to the jury. * In reviewing evidence on appeal from a directed verdict, we consider all the evidence and view any conflicts in the evidence in favor of the party resisting the directed verdict. * Directed Verdicts are not favored and should only be granted when the jury cannot reasonably and logically reach any other conclusion. * It is fundamental that the evidence adduced must support all issues of fact essential to the maintenance of a legally recognized and enforceable claim. * If the evidence fails to support an issue essential to the legal sufficiency of the asserted claim, there is no right to a jury trial. * Whether there exists sufficient evidence to support a claim or defense is a question of law for the district court that the appellate court reviews de novo.

Answer 15

Holding: Question is not whether literally no evidence exists in support of the other party, but whether evidence exists upon which a jury properly could return a verdict for that party. Skyhook Test: • ALL the evidence must be reviewed • If there are conflicts or contradictions in the evidence, these conflicts are resolved in favor of the non-movant • If any contradicted evidence, including any reasonable inferences, may reasonably be interpreted in different ways, then the interpretation most favorable to the resisting party must be accepted. *Same standards in federal system

Answer 16

Holding: Court allowed the appeal based on following conditions: 1. Parties agree court rulings are dispositive 2. Reservation of right to challenge the rulings 3. Stipulation to entry of judgment 4. Approval of stipulation by the court

Answer 17

Holding: • 7th Amendment only protects the substance of a jury trial not the procedure itself. • Related historically to motion for new trial or dimmur. • Where substantial evidence in support of P’s contentions is missing, directed verdict is appropriate Justice Black rejected substantial evidence for scintilla test.

Answer 18

Does not have to be at the end of P and/or Ds evidence. P. can present all the evidence on one issue then D. can file a directed verdict motion on that issue if it is central to the case

Answer 19

Holding: • Motion for directed verdict was premature • Can’t grant directed verdict until close of evidence for ALL ELEMENTS of the issue at hand.

Answer 20

Holding: • Objection to jury instruction on grounds that no evidence had been introduced to support such a finding was sufficient to preserve the issue for review • Raising a directed verdict motion was essential to preserve the factual issue for appeal (3 to 2; 2 to 1 rule) • Objection to instruction was the functional equivalent of a directed verdict motion

Answer 21

1) General: Jury reaches conclusion but we don’t see findings of fact 2) Special: Jury gives findings of fact – then judge gives conclusion based on that. 3) General Verdict w/ Special Interrogatories: Jury answers specific questions then reaches a conclusion itself. Helpful for collateral estoppel to determine “Actually litigated & Necessary” Walker v. New Mexico & So. Pacific Railroad (1897): 7th Amendment only protects SUBSTANCE of right, NOT the PROCEDURES. All three verdict forms are constitutional

Answer 22

Inconsistency, Options: 1. General verdict with answers to specific questions which are inconsistent a. Order a new trial b. Have jury go back and further deliberate c. If general verdict says for P but special questions are internally consistent with one another, can enter judgment based on the special questions 2. General verdict points to one party and special questions have inconsistent answers a. Order a new trial b. Send back to deliberate

Answer 23

Holding: • Where jury specifically finds that negligence was not the proximate cause of the injured spouse’s damages, loss of consortium cannot survive. • Failure to object to the erroneous form was not a form of waiver • Must be an error in the instruction AND error must lead to an unsupportable verdict

Answer 24

Holding: Jury found that D did not breach the contract in bad faith, then went on to the erroneous finding. Citing Turpie, where the jury’s answer to one question is dispositive, the other answers don’t matter. No need to reach the findings of punitive damages, simply disregard them.

Answer 25

1. Preserve Argument (need to object & put on record) 2. Error 3. Prejudice [Appellant bears burden] a. New Mexico presumption that an error in instructing the jury is harmless, the error will be ignored. Appellant has burden of proof to establish he was prejudiced by the erroneous instruction. b. If instructions are given on alternative theories of the case and one of those theories is unsupported by the evidence, New Mexico courts will conclude that this is reversible error, even if the jury could have reached is conclusion under the correct theory. c. Two Issue Rule: other states will allow a jury verdict to stand if at least one alternative theory would be sufficient to support the jury’s verdict. The burden is on the appellant to show the jury based its decision on the erroneous theory that was unsupported by the evidence.

Answer 26

Holding: When is an error harmless? • In civil litigation, error will set aside a verdict if it is “inconsistent with substantial justice” or “affects substantial rights of the parties.” • An error is harmless unless the complaining party can show that it created prejudice. • School District failed to provide evidence of prejudice. *Gerety v. Demers: Prejudice is found where a jury instruction states a proposition of law that is unsupported by evidence, even if the jury could have relied on other correct instructions • Limited Gerety to instructions not supported by evidence only *BURDEN is on the party claiming the error to show prejudice—even the slightest evidence will do.

Answer 27

Verdict will be affirmed when one of the two instructions is supported by substantial evidence even if the other instruction is not supported by evidence

Answer 28

Either party may require the jury to be polled which is done by the court or clerk asking each juror if it is his verdict; if more than two of the jurors disagree, jury must be sent out again. If no disagreement, verdict is complete and jury discharged from the case

Answer 29

Holding: • Unanimity is not required • Juror can vote inconsistently for efficient and integrity of jury system • However, there needs to be clear Jury Instructions to that effect

Answer 30

1. Ward Rule: New Jersey. Inconsistent findings do not disturb verdict, constitutional and consistent with policies that dispensed with unanimity. 2. Wisconsin Rule: Same jurors have to agree on all issues or verdict is invalid. 3. New Mexico Rule: Intermediate Position. Any ten jurors are necessary and sufficient to agree on any issue, so long as none of these jurors has voted inconsistently. (Because it was not inconsistent for Juror 1 to vote that D was not liable while also concluding that P suffered damages, the court found no inconsistency)

Answer 31

* When UJI contains an instruction applicable in the case and the trial court determines that the jury should be instructed on the subject, the UJI must be used unless under the facts and circumstances of the particular case the published UJI is erroneous or otherwise improper. * All instructions given to the jury or refused, whether UJI civil or otherwise, are subject to review by appeal or writ of error when matter is preserved and presented.

Answer 32

Holding: • When court adopted UJI it was intended that they would never be deviated from. • Therefore, failure to give applicable UJI would not be reversible error. • Preservation for appeal requires objection to the failure to instruct or the nature of the instruction itself • Appellant has the burden of showing he is prejudiced. • Slightest Evidence of prejudice and all doubt will be resolved in favor of the party claiming prejudice. • No presumption of prejudice here

Answer 33

Holding: • Court erred, and error was NOT harmless. • Jury might have misinterpreted evidence meter was open and obvious to find city not guilty. • Both instructions needed to be given for the jury to properly understand the law. • Internal evidence suggests instruction might have impacted jury.

Answer 34

Gives power to the Court of Appeals that District Courts have under Rule 1-051(d) • Ct. of Appeals is not precluded from considering error in jury instructions • It is precluded from overruling those instructions that have been considered by the Supreme Court and ruled valid • Ct. of App. may not overrule the precedent nor alter or reject the instruction • May consider UJIs not previously considered by the Supreme Court

Answer 35

Objections: • Made pursuant to Rule 51(d)(2); court can consider a plain error in the instructions that has not been persevered as required by Rule 51(d)(1) if the error affects a substantial right. • Party asserting evidence is insufficient to support a jury instruction must object to the proposed instruction even though it earlier made a motion for a directed verdict on the ground that the evidence was insufficient to justify sending the matter to the jury. • Rule 12-216(A) NMRA objections must be specifically targeted

Answer 36

Court SHALL NOT comment to the jury upon the evidence or the credibility of the witnesses.

Answer 37

Permits the trial judge to comment on and summarize evidence within bounds. May not confuse or mislead the jury or become so one sided as to assume an advocate’s position

Answer 38

Case tried by the court without jury or by court with an advisory jury, court shall enter findings of fact and conclusions of law when party makes a timely request. Request must be made no later than 10 days after court announces decision

Answer 39

1. Federal: Allows oral findings of facts and conclusions of law. New Mexico requires writing (or it does not have finality to be a final judgment) 2. Scope of Review: 2(a). Federal rule: Findings of fact shall not be set aside unless clearly erroneous and due regard shall be given to the opportunity of the trial court to judge the credibility of witnesses. 2(a)(i). Clearly Erroneous: Finding is clearly erroneous when although evidence to support it, reviewing court on the entire evidence is left with the definite and firm conviction a mistake has been made. 2(b). New Mexico: Rule does not contain language regarding review of facts in nonjury trials. Case law requires review unless evidence substantially supports findings made by the trial court. 2(b)(i). Substantial evidence: If there is substantial evidence to support the trial court’s decision, will not disturb on appeal. 2(b)(i)(1). Substantial evidence is such relevant evidence that a reasonable mind would find adequate to support a conclusion. Viewed in light most favorable to the decision below, resolving all conflicts in the evidence in favor of that decision and disregarding evidence to the contrary. 3. Federal Rule REQUIRE findings and conclusions, while in NM not required unless party REQUESTS them. 4. Must a litigant submit proposed findings and conclusions at the trial level to preserve error on appeal that findings and conclusions are not supported by evidence? Fed: NO; NM: unknown

Answer 40

Not a directed verdict, per se, but a procedural device, court rules simply on whether or not the party with the burden of proof has met or failed to meet that burden. Decision can be given at the close of plaintiff’s evidence, if there is no burden of proof on the defendant.

Answer 41

* Rule 50(A) should be granted only when all reasonable minds would agree that the P had failed to prove facts necessary to support a favorable judgment. * Rule 41(b): Judge is factfinder and passes judgment on whether the P has proved the necessary facts to warrant the relief asked. Will sustain grant of 41(b) so long as decision is rationally based on evidence, even if would have survived a 50(a). View the evidence in the light most favorable to support the findings and judgments of the trial judge

Answer 42

Holding: • Rule 41(b), the court weighs the evidence and judges whether P has proved necessary facts. • Motion to dismiss may be upheld even though P’s evidence establishes a prima facie case that would have precluded directed verdict under Rule 50(A) in a jury trial

Answer 43

In a nonjury trial, you don’t have a constitutional right to a jury. • Federal standard is “clearly erroneous.” Looks at ALL the evidence of both P’s and D’s. • New Mexico standard is “substantial evidence” – looks at only P’s evidence and asks if it is substantial.

Answer 44

Holding: • When a judge uses a party’s facts and conclusions, won’t reject per se but will give closer scrutiny (same in NM). • Court provided initial framework, opportunity to respond, and findings varied. • Rule 52(a) demands greater deference to the trial court’s findings

Answer 45

the question is whether the evidence is of such convincing clarity required to strip the utterance of First Amendment protection, a question of constitutional law. Heightened burden. Stakes are so high there will be an independent review in cases involving constitutional facts.

Answer 46

Holding: • Record on appeal does not support these contentions • BUT expresses concern over the “sticky note” approval process • Suggests judge is required to review the hearing officer’s proposed order and any objections to it

Answer 47

Holding: • Statute lacks objection provision • BUT due process requires opportunity to submit objections • Once objections filed, the district court must hold a hearing. • Nature of the hearing depends on nature of the objections considered • Record of the hearing must demonstrate consideration of objections give basis for the court’s decision.

Answer 48

* Action w/o jury court shall accept the master’s findings unless clearly erroneous. * When parties stipulate that a master’s findings of fact shall be final only questions of law arising upon the report shall thereafter be considered.

Answer 49

More restrictive than the scope of the federal rule. Reference to a master is the exception and not the rule. Only when (1) in actions tried with jury issues are complicated (2) without jury except in account and difficult computation only upon showing of some exceptional condition.

Answer 50

Holding: • Rule does say “clearly erroneous” but “substantial evidence” is the standard • Evidence to be considered is evidence that supports the findings in question • Evidence is not weighted in the analysis, it is regarded as unassailable • Thus, a special master will only be overruled where there is a total lack of evidence to support his findings

Answer 51

* Non-dispositive (Discovery, Daubert, etc): DJ must consider timely objections and modify or set aside any part of the order that is clearly erroneous or is contrary to law. * Dispositive (summary judgment, 12(b)(6)): If written objections, the court reviews de novo * Parties can consent to a trial or ruling on a dispositive matter

Answer 52

Holding: • 10th Circuit has adopted Firm Waiver Rule • Waiver rule as a procedural bar need not be applied when the interests of justice so dictate • [P is pro se and gets a little bit of deference] • Issues raised for the first time in objections to magistrate’s recommendations are deemed waived