Trials

Question 1

What is the 7th Amendment Right to a Jury Trial?

Answer 1

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, then according to the rules of the common law.

Question 2

What is protected by the 7th amendment?

Answer 2

Jury trials only apply to actions at law, not actions in equity or admiralty.

Question 3

What happens if a claim involves both legal and equitable issues?

Answer 3

If claims involve both equitable and legal issues, the legal issues are first submitted to the jury, then the issues the jury can’t hear will go before the judge. Methods: jury submission or bifurcation.

Question 4

What is the three-step analysis for determining whether there is a right to jury?

Answer 4

1. Ask whether the cause of action was tried at law at the time of the amendment (1791) or if there is at least an analogous cause of action that was.
2. Ask whether the particular trial issue is necessarily a jury issue. This question is answered by comparing the modern practice to historical sources. Where there is no exact antecedent in the common law, the modern practice should be compared to earlier practices whose allocation to court or jury is known, and the best analogy that can be drawn between an old and the new must be sought.
3. If no antecedent can be found, the court must look elsewhere: existing precedent, the relative interpretive skills of judges and juries, and statutory policy considerations.

Question 5

What types of actions does the right to a jury apply to?

Answer 5

The right to a jury applies to all actions for monetary damages that would have been tried in a court of law when the bill of rights was adopted in 1791.

Question 6

What is the distinction between actions at law or in equity based on?

Answer 6

The issue and the type of relief sought

Question 7

In a jury right analysis, what if the nature of the action is ambiguous?

Answer 7

The type of remedy sought controls.

Question 8

What is an example of how the type of remedy may control determine whether the right to a jury is available?

Answer 8

If the relief sought is moving an existing amount of money from one place to another, that’s close to specific performanc, so that would be equitable relief. But if the reward sough is money, but in an undetermined amount, not being held back, it’s more like a damage award.

Question 9

When selecting the jury, what are the two types of strikes?

Answer 9

1. for cause (made first)
2. peremptory (made second)

Question 10

What is a “for cause” strike?

Answer 10

Any reason that an individual juror cannot make an objective and fair decision.

Question 11

How many for cause and peremptory strikes does each side get?

Answer 11

For cause, unlimited. Peremptory, 3 each.

Question 12

What is a peremptory strike?

Answer 12

Can be used for any reason at all except an illegal reason (i.e. race, gender, religion, other protected classes)

Question 13

How are peremptory strikes made?

Answer 13

In secret. Each side writes down 3 juror numbers on a piece of paper and take them to the judge at the same time.

Question 14

Generally, what juror numbers should attorneys be focused on?

Answer 14

Jurors 1-18. Anything higher than juror 19 most likely won’t end up on the jury or as an alternative.

Question 15

What happens if a counsel believes opposing counsel used a peremptory strike for an illegal reason?

Answer 15

The counsel can object to the strike. The striking attorney must articulate a class-neutral reason for the strike. The judge decides if it’s valid or not.

Question 16

What is voire dire?

Answer 16

Where the attorneys ask the jurors questions to make determinations abuot whether the juror can be removed for cause.

Question 17

After striking the jurors, what doe the remaining jurors become?

Answer 17

The petit panel

Question 18

What are the 12 phases of trial?

Answer 18

1. Jury selection
2. Opening statements
3. Plaintiff’s case in chief
4. Plaintiff rests
5. Optional - Move for JMOL
6. Defendant’s case in chief
7. Defendant rests
8. Optional - move for JMOL
9. Closing statements
10. Jury instructions
11. Deliberation
12. Verdict

Question 19

When may defense counsel present its opening statement?

Answer 19

Either when the plaintiff counsel does or after plaintiff rests.

Question 20

What is a judgment as a matter of law?

Answer 20

Rule 50 requires a court to render judgment as a matter of law when a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue.

Question 21

How must the court view evidence in deciding a judgment as a matter of law?

Answer 21

The court must review all of the evidence in the record, drawing all reasonable inferences in favor of the nonmoving party, but making no credibility determinations or weighing any evidence.

Question 22

What type of evidence should the court disregard in deciding a judgment as a matter of law?

Answer 22

All evidence favorable to the moving party that the jury is not required to believe.

Question 23

What rule governs judgment as a matter of law?

Answer 23

Rule 50(a)

Question 24

When may a motion for judgment as a matter of law be made?

Answer 24

any time before the case is submitted to the jury

Question 25

What does it mean for a party to be “fully heard”?

Answer 25

when the party is done with its case/rested

Question 26

Who may move for a JMOL?

Answer 26

any party

Question 27

What rule governs renewing motions for JMOL?

Answer 27

Rule 50(b)

Question 28

In order for a judge to be able to consider a JMOL after a jury verdict, what must happen?

Answer 28

the motion must be made initially before the matter is submitted to the jury and then must be renewed after the verdict is returned

Question 29

What is the burden of proof/evidence requirements for a motion for JMOL?

Answer 29

It doesn’t matter what evidence is or isn’t on the defense’s side. If the plaintiff hasn’t met its burden, then the plaintiff hasn’t met its burden.

Question 29

When must a motion for JMOL be renewed after a verdict?

Answer 29

No later than 28 days

Question 29

When effect does failing to file a post-verdict motion for relief have on appellate courts?

Answer 29

A court of appeals may not review a verdict for sufficiency of the evidence unless the party has filed a post-verdict motion for relief (i.e. motion for new trial under Rule 59 or JMOL under Rule 50) with the district court.

Question 30

What rule governs new trials?

Answer 30

Rule 59

Question 31

What are the two types of error a district court can make?

Answer 31

1. Harmful error (impacts the case)
2. Harmless error (does not impact the case)

Question 32

Can harmless error be grounds for new trial/reversal/etc.? Rule?

Answer 32

No. However, “if justice requires otherwise” then the error is harmful. Rule 61.

Question 33

What is remittitur?

Answer 33

If a trial judge feels an award is excessive, they can grant a new trial. However, they may give the prevailing party an option of taking a lesser award in lieu of facing a new trial.

Question 34

What is additur?

Answer 34

This is the opposite of remittitur. However, the practice has been held to be unconstitutional in the federal setting.

Question 35

What does Rule 59(b) require?

Answer 35

That a new trial be sought no later than 28 days after entry of judgment.

Question 36

What can a party do if the time required by Rule 59(b) for requesting a new trial has lapsed?

Answer 36

Must do so under Rule 60(b)

Question 37

What rule governs grounds for relief from a final judgment, order, or proceeding?

Answer 37

Rule 60(b)

Question 38

What are the five newly discovered evidence factors for purposes of Rule 60(b)?

Answer 38

1. Must be newly discovered since the trial
2. Due diligence on the part of the movant to disocver the new evidence must be shown
3. Evidence must not be merely cumulative or impeaching
4. Evidence must be material (goes to the heart of the case, would affect the outcome)
5. Evidence must be such that a new trial would probably produce a new result

Question 39

What rule governs the riming and effect of a motion for relief from a judgment or order under Rule 60(b)?

Answer 39

Rule 60(c)

Question 40

What rule governs corrections of judgments or orders based on clerical mistakes, oversights and omissions?

Answer 40

Rule 60(a)

Question 41

What is a motion under Rule 60(a) called?

Answer 41

Motion for judgment nunc pro tunc.

Question 42

What are examples of things that a court would change based on a motion under Rule 60(a)?

Answer 42

Wrong dates, misspelled names, wrong amounts, etc.