Trials and Post Trial Motions Flashcards
When is there a right to a jury?
3
- Amount in controversy > $20
- Claims Seeking damages (not injunction)
- The cause of action can be analogize to a cause in a 1791 common law court
If damages and injunctions for relief are sought, the right to a jury exists for:
The underlying facts of the damages claim even if it results in an injunction
What types of claims give the right to a jury trial?
The cause of action can be analogize to a cause in a 1791 common law court
Who can exercise the right?
any single party in a lawsuit
How to demand a trial
- file a written demand
- serve to other parties
- Filed ≤ 14 days after the last complaint or answer
Juries size is
six to twelve members
How are juries selected
voir dire
What is a juror challenge for cause
During voir dire, any party may ask the court to dismiss a potential juror because the juror is unfit to serve. (bias)
How many challenges for cause does each side have?
unlimited
What is a preemptory challenge
(a) Each party has three such challenges and when exercised, the juror is automatically dismissed.
(b) In making a peremptory challenge, a party need not articulate its reason for dismissal unless the strikes give rise to an inference of racial or gender discrimination.
How many preemptory challenges does each party get?
Each party has three
If a preemptory strike give rise to an inference of racial or gender discrimination, the party must
Provide a non-discriminatory explanation for the strike or give up on the strikes
When can a party propose jury instructions?
No later than the close of all evidence
When can a party object to a jury instruciton
Must be before jury deliberations begin
What must jury verdicts be?
Unanimous – parties can decide otherwise
What is a general verdict?
The court may direct the jury to return a “general verdict,” which is simply a statement that P wins or D wins.
What is a special verdict?
the court may direct the jury to answer specific questions of fact.
What is a general verdict with specific questions
As a third option, 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 in a gen/spec question
- order a new trial
- order jury to redilberate
- order answer consistent with questions
Findings on Bench Trials must be
If a claim is tried before a judge rather than a jury, 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.
When can a judge enter a partial judgment
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
Motion for Judgement as a Matter of Law is appropriate if
(summary judgement standard used at trial)
the party against whom the judgment is entered has been fully heard on an issue, and
the party lacks sufficient evidence to prevail on an issue necessary to a particular claim or defense. This standard is, in essence, the same as the summary judgment standard. A court will thus assume:
the non movant witnesses are truth tellers
What is a Renewed Motion for Judgment as a Matter of Law
If a party files an unsuccessful motion for a JML during trial, and then loses at trial, the party may file a “renewed motion for judgment as a matter of law.” This motion makes the same argument as an ordinary JML and is decided according to the same standard.
What is needed for a renewed motion for judgment as a matter of law
an original JML during the trial
When must a renewed motion for judgment as matter of law be made?
within 28 days of judgment
What is the magic number for post-trial motions time periods?
28 days within entry of judgment
In ruling on a renewed motion for JML, the court may (3)
(a) allow the verdict to stand,
(b) enter the opposite verdict, or
(c) order a new trial (even if a motion for new trial was not made).
A motion for a new trial may be granted for any of the following reasons:
(4)
- Verdict is against the great weight of the evidence
- Excessive Damages
- procedural error or misconduct
- Newly Discovered Evidence
A verdict is against the great weight of the evidence if
Extraordinarily bad
If court finds excessive damages, what options does movant have
(2)
- new trial
2. pay lesser amount as perscribed
Motion when damages are inadequate?
none
A motion for a new trial on Procedural Error or Misconduct grounds requires
(2)
- error or misconduct likely affected trial
2. Party objected during trial
Types of errors that form grounds for new trials
5
a) Exclusion of Evidence
b) Incorrect Jury Instructions
c) Communication between witnesses
d) Ex parte communication with the judge
e) Juror misconduct
What are the requirements for a new trial if citing newly discovered evidence
(3)
- Could not find before verdict;
- Not solely for the purpose of impeachment;
- Likely change result
A motion for a new trial must be filed within:
28 days within entry of judgment
A motion for relief from judgment asks the court
court to undo the judgment entered
A motion for relief from judgment may be granted for any of six reasons:
- Mistake, Inadvertence, Excusable Neglet (default judgment)
- Newly discovered evidence
- Fraud, Misrepresentation or Misconduct
- Judgement is void
- Judgement as been satisfied
- Any other reason justifying relief
A motion for relief from judgment for fraud, misrepresentation or misconduct occurs when
If a party withholds key evidence during discovery, bribes a witness, or makes false statements to the court or other parties, a party subject to an adverse judgment may seek relief from that judgment.
A motion for relief from judgment for a Judgement that is void occurs when
If the judgment entered is void because the court lacked subject matter jurisdiction or personal jurisdiction, a party subject to the judgment may seek relief from the judgment.
A motion for relief from judgment must be made within?
A reasonable time
-once learning of the grounds for a motion, make it promptly
+
For (mistake, new evidence, and fraud)
If a party has expressly demanded a jury trial in accordance with state law, what must they do to keep the jury trial if the case is removed to federal court?
Nothing, the demand does not need to be renewed.
What types of issues may a party move for summary judgment?
Any issue in the case or as to the cause of action as a whole.
Race-based exclusions of jurors is barred by?
The equal protection clause of the 14th amendment.
Involuntary dismissals are judgments of what?
A final judgment on the merits, unless for lack of SMJ, PJ, Venue
What involuntary action can be set aside by a showing of good cause?
A clerk’s entering of default (the actual notation not the judgment)
