Trials

Question 0

What is the nature of the remedy for a suit at common law

Answer 0

Plaintiff must be seeking damages, not injunctive relief.

If both are sought, right to trial by jury exists for any issue of fact where damages are sought.

Question 1

Scope of Right of Trial by Jury

Answer 1

7th Amendment provides right to trial by jury in federal court in suits at common law where the value in controversy exceeds $20

Question 2

What is the nature of the claim for a suit to be at common law

Answer 2

issue is whether cause of action can be analogized to a claim that would be actionable in a 1791 common law court

Question 3

Who can exercise right to jury trial and how

Answer 3

Any party
file and serve on other parties written demand for jury trial
filed no later than 14 days after last pleading directed to the jury eligible issue is filed

Question 4

Waiver of right to jury trial

Answer 4

failure to file and serve a timely demand

it is waived

Question 5

Jury size

Answer 5

6-12 jurors

Question 6

Challenge for Cause

Answer 6

Juror may be excused for bias or other good cause

unlimited number of challenges for cause

must articulate the nature of unfitness in each instance

Question 7

Preemptory Challenges

Answer 7

each party has 3

allows automatic excuse

unless dismissals raises an inference of race or gender bias
If so the striking party must provide a non discriminatory explanation for dismissal

Question 8

Objection to jury instructions

Answer 8

Party may object to instructions

must do so before jury begins deliberations

Question 9

Jury Verdicts

Answer 9

Generally must be unanimous but parties can stipulate otherwise

Question 10

General Verdict

Answer 10

statement who wins

Question 11

Special Verdict

Answer 11

court directs jury to answer specific questions of fact

Question 12

General Verdict with Specific Questions

Answer 12

Who wins

How did they arrive at the conclusion

Judge can order new trial, re deliberate, or enter appropriate verdict if questions are different from verdict should be.

Question 13

Bench Trial

Answer 13

Judge must find facts separate from conclusions

Question 14

Partial Judgements

Answer 14

Court can, after party has been fully heard on an issue,
court determines party lacks sufficient evidence to prevail on that issue
may enter judgement on that claim
without entering judgement on other claims

Question 15

Motion for Judgement as a matter of law

Answer 15

court can enter, on motion or on its own,
judgement as a matter of law
if
1. party agains whom judgement is rendered has been fully heard
2. party lacks sufficient evidence to prevail on an issue necessary to a particular claim or defense.

Question 16

Renewed Judgment as a Matter of Law

Answer 16

makes same argument as previous JML
Decided according to the same standard
Made after judgement is issued
and after previous JML
within 28 days of judgment

Question 17

Options for judge after

Renewed Judgment as a Matter of Law Motion

Answer 17

allow verdict to stand
enter opposite verdict
order a new trial - even if no motion was made

Granting renewed JML motion - court must issue a conditional ruling on any motion for a new trial

Question 18

Motion for a New Trial

Grounds

Answer 18

Verdict against great weight of the evidence
Excessive Damages
Procedural Error or Misconduct
Newly Discovered Evidence

Question 19

Motion for a New Trial
Grounds - Procedural Error or Misconduct
Types

Answer 19

Error or misconduct likely affected the trial
Party objected at the time

1. Wrongful exclusion or admission of evidence at trial
2. incorrect jury instructions
3. improper communication with juror
4. ex parte communications with judge
5. juror misconduct

Question 20

Newly discovered Evidence Grounds

Answer 20

could not be found prior to trial with reasonable diligence
not used solely for impeachment
evidence would likely have changed the outcome at trial

Question 21

Timing of Motion for New Trial

Answer 21

28 days of judgment

Question 22

Motion for Relief from Judgment

Answer 22

Asks court to set aside judgment
does not specify what actions court should take
May be approved on 6 grounds

Question 23

Grounds for Motion for Relief from Judgment (6)

Answer 23

1. Mistake, inadvertence, or Excusable neglect
2. newly discovered evidence
3. fraud, misrepresentation, or misconduct
4. judgment is void - lacked SMJ
5. judgment has been satisfied
6. any other reason justifying relief

Question 24

Timing for a Motion for Relief From Judgment

Answer 24

within a reasonable period of time
promptly upon learning of the grounds for motion

When brought on first 3 grounds - mistake, new evidence, fraud - must be made within one year.