Trials and post-trial motions

Question 1

Right to a trial by jury

Answer 1

7th Amendment guarantees right to a trial by jury when amount exceeds $20 in SUITS AT COMMON LAW. This means:

• nature of the remedy: damages cases. If both monetary and injunctive relief sought, right attaches to all facts/issues that ground damages claims, even if resolving might get injunction too
• nature of the claim: is claim fairly analogous to a 1791 common law claim? less important

Question 2

Demand for trial by jury

Answer 2

Any party can exercise without consent of the others
Must be filed no later than 14 days after the last pleading
Must file and serve on all other parties, in writing. Waived if not timely filed and served

Question 3

Jury composition

Answer 3

6-12 members
Voir dire:
- unlimited challenges for cause
- 3 preemptories - only need to explain if gives rise to appearance of gender/race discrimination

Question 4

Jury instructions

Answer 4

Judge gives instructions before deliberation. Parties may request prior to close of the evidence, and can object - object prior to deliberations, or prior to closing if parties are informed in advance

Jury verdicts must be unanimous! Unless parties stip to otherwise

• General verdict: just who wins
• special verdict: court can direct jury to answer specific fact questions
• general verdict with specific questions

If answers inconsistent w verdict, court can:

• order new trial
• order redeliberation
• enter verdict appropriate to specific answers

Question 5

Bench trial

Answer 5

Court must find facts “specially” - state findings on disputed facts, then conclusions of law

Partial judgments - during trial, if party fully heard on an issue and court determines party has insufficient evidence to prevail, court can enter judgment on that issue midway through

Question 6

Judgment as a matter of law

Answer 6

During a jury trial only, the court may enter (on its own or upon motion), JML if:

• The party against whom judgment is entered has been fully heard on the issue, and
• The party lacks sufficient evidence to prevail on an issue necessary to a claim or defense.
  
  • Same as summary judgment standard – the court assumes the non-movant’s witnesses are all truth tellers and does not weigh the evidence.

This is like SJ except it’s during the trial

Question 7

Renewed JMOL post-trial

Answer 7

Renewed JMOL - if JMOL lost during trial, then loses trial, can try again

• must be filed w/in 28 days of entry of judgment
• court can allow verdict to stand, enter opposite verdict, or order a new trial

Question 8

Motion for a new trial

Answer 8

Must be filed within 28 days
Grounds:
against great weight of the evidence

excessive damages (grossly excessive or shocks conscience)
 - court can also choose a new number, let PLN choose b/t that amount and new trial

Procedural error or misconduct: only if

• error/misconduct likely affected result AND
• party objected when it had the chance

Newly discovered evidence
- if it couldn’t have been found before verdict w reasonable diligence, and evidence is not solely for impeachment and would likely change result, new trial warranted