Trials Flashcards
What is the nature of the remedy for a suit at common law
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.
Scope of Right of Trial by Jury
7th Amendment provides right to trial by jury in federal court in suits at common law where the value in controversy exceeds $20
What is the nature of the claim for a suit to be at common law
issue is whether cause of action can be analogized to a claim that would be actionable in a 1791 common law court
Who can exercise right to jury trial and how
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
Waiver of right to jury trial
failure to file and serve a timely demand
it is waived
Jury size
6-12 jurors
Challenge for Cause
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
Preemptory Challenges
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
Objection to jury instructions
Party may object to instructions
must do so before jury begins deliberations
Jury Verdicts
Generally must be unanimous but parties can stipulate otherwise
General Verdict
statement who wins
Special Verdict
court directs jury to answer specific questions of fact
General Verdict with Specific Questions
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.
Bench Trial
Judge must find facts separate from conclusions
Partial Judgements
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
Motion for Judgement as a matter of law
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.
Renewed Judgment as a Matter of Law
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
Options for judge after
Renewed Judgment as a Matter of Law Motion
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
Motion for a New Trial
Grounds
Verdict against great weight of the evidence
Excessive Damages
Procedural Error or Misconduct
Newly Discovered Evidence
Motion for a New Trial
Grounds - Procedural Error or Misconduct
Types
Error or misconduct likely affected the trial
Party objected at the time
- Wrongful exclusion or admission of evidence at trial
- incorrect jury instructions
- improper communication with juror
- ex parte communications with judge
- juror misconduct
Newly discovered Evidence Grounds
could not be found prior to trial with reasonable diligence
not used solely for impeachment
evidence would likely have changed the outcome at trial
Timing of Motion for New Trial
28 days of judgment
Motion for Relief from Judgment
Asks court to set aside judgment
does not specify what actions court should take
May be approved on 6 grounds
Grounds for Motion for Relief from Judgment (6)
- Mistake, inadvertence, or Excusable neglect
- newly discovered evidence
- fraud, misrepresentation, or misconduct
- judgment is void - lacked SMJ
- judgment has been satisfied
- any other reason justifying relief
