Trial Process, Verdicts, and Judgments Flashcards
Right to a jury trial
7th Amendment preserves the right to a jury trial in all suits at common law where the amount in controversy exceeds $20.
Procedure for demanding a jury trial
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
Withdrawing a Jury Demand
a proper demand for a jury trial may be withdrawn only if all parties consent
Impartiality in Selection of Jury Pool - Constitutional Requirements
- Constitution does not require a cross section (pool of possible jurors need only be diverse)
- No systematic exclusion permitted
Define: Voir Dire
Once a pool of jurors is selected, the judge or attorneys may examine the jurors to see if they are biased.
Define: Peremptory Challenges
- In both federal and Michigan courts
- Allows each side to strike up to three jurors for any reason except race or gender
Define: Striking Juror for Cause
- No limit
- Used when Juror has a relationship with the D, P, or some other interest in the case
How many jurors are required in a civil action?
- 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
When can a judge poll the jury?
- Before the jury has been discharged
- After requested by either party
What happens if poll of jury reveals lack of unanimity?
Court may direct the jury to deliberate further or may order a new trial
When may a party make proposals for jury instructions?
- 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)
When must the court inform the parties of proposed jury instructions?
Before instructing the jury and before final jury arguments
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?
Yes
When can the court provide jury instructions to the jury?
After parties given opportunity to object and any time before jury is discharged
How to object to proposed jury instructions
- 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
When to object to a jury instruction
An objection is timely if:
- a party objects at the opportunity provided by the judge before presenting to the jury, or
- 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
What are the types of jury instruction errors you can preserve for an appeal?
- 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
- you request an instruction, its denied, and you object
- you request an instruction, its not properly rules on and you object, and
- 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)
How must a court conduct a non-jury trial?
- 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
What are the types of jury verdicts?
- General Verdict: there a jury simply states the amount of damages due
- Special Verdict: a jury is asked to make a finding on all material factual issues and the court will apply the law
When my a jury verdict be set aside?
A verdict may be set aside if:
- jury did not follow instructions
- juror gave false testimony on voir dire or concealed a material fact
- jurors received unauthorized evidence
- jurors made inconsistent determinations
- jurors arrived at verdict by chance (flipping a coin)
When is the only time a juror is allowed to testify to any matter concerning deliberations?
on the question whether extraneous prejudicial information was brought in or if there was an outside influence
Motion for Directed Verdict Test
if there is no substantial evidence to support a verdict for the nonmoving party, a directed verdict will be granted
When must a motion for directed verdict be filed?
- A D may file their motion after the P rests their case
- Either party may make this motion after D rests their case
- Must be made before the case is submitted to the jury
Renewed Motion for Judgment as a Matter of Law - Requirements
- Must be filed within 28 days of entry of the jury’s verdict
- Part must have already made a motion for judgment as a matter of law at some point previously (not required in Michigan)
