Trial Process, Verdicts, and Judgments

Question 1

Right to a jury trial

Answer 1

7th Amendment preserves the right to a jury trial in all suits at common law where the amount in controversy exceeds $20.

Question 2

Procedure for demanding a jury trial

Answer 2

A party can demand a jury trial by serving the other parties a written demand no later than 14 days after the last pleading directed to the issue is served and filing the demand.

May be included in the complaint or answer

Question 3

Withdrawing a Jury Demand

Answer 3

a proper demand for a jury trial may be withdrawn only if all parties consent

Question 4

Impartiality in Selection of Jury Pool - Constitutional Requirements

Answer 4

1. Constitution does not require a cross section (pool of possible jurors need only be diverse)
2. No systematic exclusion permitted

Question 5

Define: Voir Dire

Answer 5

Once a pool of jurors is selected, the judge or attorneys may examine the jurors to see if they are biased.

Question 6

Define: Peremptory Challenges

Answer 6

• In both federal and Michigan courts
• Allows each side to strike up to three jurors for any reason except race or gender

Question 7

Define: Striking Juror for Cause

Answer 7

• No limit
• Used when Juror has a relationship with the D, P, or some other interest in the case

Question 8

How many jurors are required in a civil action?

Answer 8

• Must begin with at least 6 and no more than 12
• Unless stipulated otherwise, the verdict must be unanimous and must be returned by a jury of at least 6 members

Question 9

When can a judge poll the jury?

Answer 9

• Before the jury has been discharged
• After requested by either party

Question 10

What happens if poll of jury reveals lack of unanimity?

Answer 10

Court may direct the jury to deliberate further or may order a new trial

Question 11

When may a party make proposals for jury instructions?

Answer 11

• Before close of evidence
• At the close of evidence, or
• after the close of evidence (if could not reasonable have been anticipated at an earlier time and with court’s permission)

Question 12

When must the court inform the parties of proposed jury instructions?

Answer 12

Before instructing the jury and before final jury arguments

Question 13

Must the court give the parties an opportunity to object to proposed jury instructions on record and out of jury’s hearings before they are delivered?

Answer 13

Yes

Question 14

When can the court provide jury instructions to the jury?

Answer 14

After parties given opportunity to object and any time before jury is discharged

Question 15

How to object to proposed jury instructions

Answer 15

• Can object to an instruction to failure to give an instruction
• must make objection on the record
• objection must distinctly state the matter objected to and grounds for the objection

Question 16

When to object to a jury instruction

Answer 16

An objection is timely if:

1. a party objects at the opportunity provided by the judge before presenting to the jury, or
2. a party was not informed of an instruction or action on a request before that opportunity to object, and the party objects promptly after learning that the instruction/request will be, or has been, given or refused

Question 17

What are the types of jury instruction errors you can preserve for an appeal?

Answer 17

1. when a judge reads an instruction in a way you didn’t ask or don’t agree with and you object to it once read in that way
2. you request an instruction, its denied, and you object
3. you request an instruction, its not properly rules on and you object, and
4. you request an instruction, its denied on the record, and the lawyer does not have to object to preserve issue for appeal (they can but do not have to)

Question 18

How must a court conduct a non-jury trial?

Answer 18

• The court must find the facts specifically, state its conclusions of law separately, and arrive at a conclusion.
• A finding of fact will not be overturned unless it is clearly erroneous.
• The findings and conclusions may be stated on the record after the close of the evidence or may appear in an opinion or memorandum of decision filed by the court
• A court may amend its findings or make new findings within 28 (21 in MI) days after entry of judgment upon the motion of a party

Question 19

What are the types of jury verdicts?

Answer 19

1. General Verdict: there a jury simply states the amount of damages due
2. Special Verdict: a jury is asked to make a finding on all material factual issues and the court will apply the law

Question 20

When my a jury verdict be set aside?

Answer 20

A verdict may be set aside if:

1. jury did not follow instructions
2. juror gave false testimony on voir dire or concealed a material fact
3. jurors received unauthorized evidence
4. jurors made inconsistent determinations
5. jurors arrived at verdict by chance (flipping a coin)

Question 21

When is the only time a juror is allowed to testify to any matter concerning deliberations?

Answer 21

on the question whether extraneous prejudicial information was brought in or if there was an outside influence

Question 22

Motion for Directed Verdict Test

Answer 22

if there is no substantial evidence to support a verdict for the nonmoving party, a directed verdict will be granted

Question 23

When must a motion for directed verdict be filed?

Answer 23

1. A D may file their motion after the P rests their case
2. Either party may make this motion after D rests their case
3. Must be made before the case is submitted to the jury

Question 24

Renewed Motion for Judgment as a Matter of Law - Requirements

Answer 24

1. Must be filed within 28 days of entry of the jury’s verdict
2. Part must have already made a motion for judgment as a matter of law at some point previously (not required in Michigan)

Question 25

Renewed Motion for Judgment as a Matter of Law - Standard

Answer 25

The court will examine whether the evidence is insufficient as a matter of law to support the verdict

Question 26

When will a motion for a new trial be granted?

Answer 26

1. if there were errors in the trial process that taint the jury’s decision-making process
2. If the judge thinks the jury’s decision was wrong and against the “great weight” of evidence - judge may consider the credibility of the witness

Question 27

When can an order for a new trial be appealed?

Answer 27

Not until the 2nd trial has already taken place

Question 28

When can a request for a new trial be submitted?

Answer 28

Federal - 28 days after entry of the verdict

Michigan - 21 days after entry of the verdict

Question 29

Can a new trial be granted for altering damages?

Answer 29

Yes, remittitur for excessive damages, additur for insufficient damages

Michigan allows additur but federal courts do not

Question 30

Relief from Judgment can be achieved by demonstrating:

Answer 30

1. mistake, inadvertence, surprise, or excusable neglect
2. Fraud, misrepresentation, or misconduct
3. New evidence that could not have been discovered
4. Judgment is void or has been satisfied, released, or discharged; or
5. any other reasons justifying relief

Question 31

When must a motion for relief from judgment be brought?

Answer 31

Within one year of a judgment

Exception: if it would be inequitable to let the judgment stand (ex: fraud) or if the judgment has been satisfied/reversed

Question 32

What is generally appealable?

Answer 32

• Final Judgments
• Orders granting or denying a renewed motion for judgement as a matter of law
• A directed verdict
• denial of new trial

Question 33

Appealable non-final judgments

Answer 33

1. orders on collateral matters ex: (awarding attorney fees, denying immunity)
2. Orders involving temporary remedies (ex: injunctions, garnishments)
3. Interlocutory Orders by leave (when trial court asks the appeals court to answer an important question of law prior to deciding the case)
4. Final orders with multiple parties and claims still pending

Question 34

Appeal Standards of Review

Answer 34

• Questions of Law = “De Novo” (court will not give any deference to trial court’s analysis)
• Questions of Fact = “Clearly Erroneous”
• Trial Court’s Discretion = “abuse of discretion”

Question 35

Harmless error v. Plain Error

Answer 35

• No reversal for harmless error (e.g. - if particular ruling was incorrect but the error is unlikely to have changed outcome)
• If there is a plain error (one affecting a substantial right), the decision will be reversed even if the claim of error was not properly preserved

Question 36

Define: Offer of Judgment

Answer 36

• a formal offer to settle the case filed more than 14 days (Michigan 21 days) before trial
• If offeree rejects and does not do better at trial, then they will be sanctioned and have to pay costs running from the date of that offer