trials and post-trial motions

Question 1

trial by jury

Answer 1

7th amendment guarantees the right to a trial by jury in suits at common law, where the value in controversy exceeds $20.

-nature of the remedy: guarantees a right to a jury where monetary relief, rather than injunctive relief, is sought

Question 2

demand for trial by jury

Answer 2

Any party can exercise the right. If there are two parties, just one has to want it.

*The demand must be filed no later than 14 days after service of the last pleading directed to the triable issue

*demand must be written and served on other parties

*If the demand is not timely filed and served, the right to a trial by jury is forfeited.

Question 3

Jury composition

Answer 3

6-12 members

Question 4

jury selection (voir dire)

Answer 4

-challenge for cause: Parties have an unlimited number of challenges for cause, but must articulate the nature of the juror’s unfitness

-peremptory challenge: Parties have 3, juror is automatically dismissed.
-no justification needed unless the strikes give rise to gender/race discrimination.
-If so, the striking party must provide a nondiscriminatory explanation for the strike or else rescind its strike.

Question 5

Asking court to excuses a juror

Answer 5

There are three categories for such challenges:

(1) general disqualification (such as a felony conviction or some other inherent disqualification);

(2) implied bias (the attorney believes the juror may be biased); and

(3) actual bias (the juror indicates during voir dire that he or she would decide the case based on predetermined beliefs or values).

Question 6

jury instructions

Answer 6

Before deliberating, the judge instructs the jury on the law applicable to the claims alleged.

Any party may:

1. Propose particular instructions no later than the close of all evidence.
2. Object to any instruction.

Question 7

timeliness of objections to jury instructions

Answer 7

Objections have to be made both:

(1) before closing arguments; and

(2) before the instructions are read to the jury.

Question 8

jury verdicts

Answer 8

must be unanimous

3 kinds:
1. general verdict
2. special verdict
3. general verdict with specific quesitions

Question 9

general verdict

Answer 9

A statement that the plaintiff wins or the defendant wins.

Question 10

special verdict

Answer 10

The court may direct the jury to answer specific questions of fact.

Question 11

general verdict with specific questions

Answer 11

The court may order the jury to return a general verdict (“is D liable to P?”) but also to answer specific questions (“was D impaired while driving?”).

If the verdict and answers to the questions are inconsistent, the judge can:
-Order a new trial;
-Order the jury to re-deliberate; or
-Enter the verdict appropriate to the specific answers.

Question 12

Bench trial

Answer 12

Findings/conclusions:
The court must:
-find the facts “specially” (meaning that the court must state its finding with regard to facts in dispute) AND
-state its conclusions of law separately.

Partial Judgments:
-During trial, if a party has been fully heard on an issue, and the court determines that the party lacks sufficient evidence to prevail on a particular claim, the court can enter judgment on that claim without entering judgment on other claims.

Question 13

**motion for judgment as a matter of law

Answer 13

P or D may move for JMOL after the other party closes her case

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

1. The party against whom judgment is entered has been fully heard on the issue, and
2. The party lacks sufficient evidence to prevail on an issue necessary to a claim or defense.

Question 14

renewed motion for judgment as a matter of law

Answer 14

if a party filed a losing JMOL during trial, and then loses trial, they can try again.

*must be filed with 28 days of entry of judgment

In ruling on this renewed motion for JML, the court may:
-Allow the verdict to stand;
-Enter the opposite verdict; or
-Order a new trial (even if a motion for a new trial was not made).

Question 15

motion for new trial

Answer 15

*must file within 28 days of entry of judgment

grounds:
1. against the great weight of the evidence
2. excessive damages
3. procedural error or misconduct
4. newly discovered evidence

Question 16

motion for new trial: Against the great weight of the

Answer 16

The court can take into account the comparative volume and credibility of the evidence.

Question 17

motion for new trial: excessive damages

Answer 17

The jury returns a verdict that is “grossly excessive” or “shocks the conscience.” The court can also just choose an appropriate amount and let the plaintiff choose between accepting that amount and doing a new trial.

Question 18

***motion for new trial: procedural error or misconduct

Answer 18

only if:
1. Error or misconduct likely affected the result of trial, and
2. The party objected to the error when it had the opportunity to do so.

Examples of errors/misconduct: Wrongful exclusion of evidence, incorrect jury instructions, communication between witnesses, ex parte communication with the judge, and juror misconduct.

Question 19

motion for new trial: newly discovered evidence

Answer 19

If a party discovers evidence after the verdict that could not, with reasonable diligence, have been found before the verdict, a new trial is warranted as long as the evidence is not solely for the purpose of impeachment and would likely change the result.

Question 20

motion for relief from judgment

Answer 20

Asks the court to undo the judgment, set it aside.

5 grounds:

1. mistake, inadvertence, or excusable neglect
   *must be made within 1 year from final judgment
2. newly discovered evidence (same analysis as motion for new trial)
   *must be made within 1 year from final judgment
3. fraud, misrepresentation, or misconduct by a party
   *must be made within 1 year from final judgment
4. judgment is void
   (court lacked SMJ, PJ)
5. judgement has been satisfied
   (If a party has satisfied the judgment entered against it, the party may seek to have the judgment discharged so that it is no longer under the supervision of the court. This type of relief is most often sought in suits involving injunctive relief.)