Trial Procedure Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Can the court grant a motion for judgment as matter of law to a defendant because it believes that the plaintiff’s weight of evidence was insufficient?

A

No, a court must view all evidence in the light most favorable to plaintiff if the defendant files a motion for judgment as matter of law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Can the court grant D’s motion for new trial if one juror stated during a jury poll that it does not agree with the special verdict and continued to maintain its position upon further questioning, whereas the other jurors affirmed the verdict?

A

Yes, because civil juries must be unanimous unless parties otherwise agree - court can order a new trial if a juror denies a special verdict was its verdict

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Can a judge dismiss 3/9 jurors without good cause just to get the jury size down to 6 if (1) original 9 selected in good faith, (2) current dismissal was without discriminatory intent?

A

No, once a juror has been selected, it must participate in the verdict unless excused for good cause (eg: illness, family emergency, or misconduct) - getting a certain # of jurors =/= good cause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Can the court allow a unanimous five person jury if (1) there were originally 7 jurors, (2) one was dismissed b/c trial was extended into its prepaid vacation time, (3) another juror became ill during deliberation, and (4) P and D agreed to 5 person jury?

A

Yes, cases can be tried before and a verdict can be returned by fewer than 6 person jury if both parties stipulate (Rule 48(b))

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Is a D permitted to file a judgment as a matter of law after both parties delivered their opening statements and the court adjourned the trial for the day?

A

No because courts can only grant motion for judgment as a matter of law after (1) other party has been fully heard on the issue and (2) there is insufficient evidence to find for that party - parties are not considered to have been fully heard if they’ve only delivered their opening arguments

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Can a court approve entry for a judgment in favor of D even though (1) jury gave general verdict for P of $200K in damages, (2) but jury also gave special interrogatories, (3) which by law cannot result in judgment for P?

A

Yes, b/c if answer to general verdict is inconsistent with internally consistent answers to the special interrogatories, then court has discretion to (1) approve judgment consistent w/ answers, (2) have jury reconsider, OR (3) order new trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Are D’s allowed to submit additional jury instructions if (1) each party submitted instructions before close of evidence, (2) after getting jury instructions, the court decided that special verdict would be used b/c of variety of theories of liability, (3) D’s concerned that jury would be confused about single recovery of damages?

A

Yes, b/c courts can allow parties to file request for jury instructions on issues that couldn’t have reasonably been anticipated (like the special verdict here) at the time court set a deadline on jury instructions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Can parties request the court resubmit a case to the jury if (1) verdict against ER but not EE in respondeat superior, (2) jury polled and each affirmed, (3) both ER and D request resubmission?

A

Yes, b/c jury didn’t properly follow the court’s instructions so court can set aside verdict and order jury to resume deliberations - can even order a new trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Can a court offer D the choice to avoid a new trial by accepting an additur of $100K if (1) jury found for P, (2) but awarded only $1 nominal damages?

A

No, b/c federal courts are allowed to offer remittiturs to P’s (reducing damage) to avoid a new trial, not to D’s (increasing damages)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly