Trials Flashcards
7th amendment right to a jury trial
must demand a jury (P in complaint or D in answer) within 14 days of service of last pleading
must be greater than $20
Actions in law ($)- right to a jury
actions in equity - judge
Do this through a historical analysis
7th amendment must be preserved, congress can give you more rights but can’t take away
no facts may be reexamined
Phases of a trial 1-4
- opening statements (no evidence)
- P case in chief (witnesses + evidence)
- D can cross-examine
- P can re-examine - P rests its case
- First opportunity for JMOL (D)
Phases of a trial 5-10
5. D case in chief P can cross examine D can re examine 6. D rests its case 7. 2nd opportunity for JMOL (both parties) 8. Closing arguments (no new evidence) 9. judge instructs jury on law 10. Case submitted to jury for deliberations
Judge’s control in Trials
jury instructions
special / generla verdicts with interrogatories
Rule 59 and 60
Remittitur and additur
Rule 50(a):
JMOL - only for jury trial
if evidence is insufficient to support verdict for one side, the other party can move for JMOL (reasonable jury lacks legally sufficient evidentiary basis)
When can JMOL be made
anytime before case is submitted to the jury
What must a JMOL include
Must specify judgment sought and the relevant law and facts
Judge can’t weigh evidence / make credibility determinations.
Rule 50(b)
RJMOL - only for jury trial
need a denied 50(a) JMOL first
may include alternative / joint request for rule 59-new trial
when can RJMOL be made
no later than 28 days after entry of judgment or if motion addresses issue not decided, no later than 28 days after jury discharged
Rule 59:
New trial
Both in jury and judge trials
court can throw out jury verdict if it goes against the great weight of evidence
When must a rule 59 motion be made by
within 28 days after entry of judgment
Rule 60(b) When does it occur?
Relief from a judgment
allows for re-opening of a judgment (judgment is annulled)
only in extraordinary circumstances
if there was a mistake, excusable neglect, newly discovered evidence, fraud
When must a 60(b) motion be filed?
within a reasonable time, and no more than a year after the entry of judgment.
Rule 51
Jury instructions
jury is constrained to follow the law as given by the judge
jury renders judgment only to facts
What is required of jury verdicts?
they must be unanimous. if a jury is unable to give a unanimous verdict than it is a mistrial
