Trials and Post Trial Motions

Question 1

When is there a right to a jury?

3

Answer 1

1. Amount in controversy > $20
2. Claims Seeking damages (not injunction)
3. The cause of action can be analogize to a cause in a 1791 common law court

Question 2

If damages and injunctions for relief are sought, the right to a jury exists for:

Answer 2

The underlying facts of the damages claim even if it results in an injunction

Question 3

What types of claims give the right to a jury trial?

Answer 3

The cause of action can be analogize to a cause in a 1791 common law court

Question 4

Who can exercise the right?

Answer 4

any single party in a lawsuit

Question 5

How to demand a trial

Answer 5

1. file a written demand
2. serve to other parties
3. Filed ≤ 14 days after the last complaint or answer

Question 6

Juries size is

Answer 6

six to twelve members

Question 7

How are juries selected

Answer 7

voir dire

Question 8

What is a juror challenge for cause

Answer 8

During voir dire, any party may ask the court to dismiss a potential juror because the juror is unfit to serve. (bias)

Question 9

How many challenges for cause does each side have?

Answer 9

unlimited

Question 10

What is a preemptory challenge

Answer 10

(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.

Question 11

How many preemptory challenges does each party get?

Answer 11

Each party has three

Question 12

If a preemptory strike give rise to an inference of racial or gender discrimination, the party must

Answer 12

Provide a non-discriminatory explanation for the strike or give up on the strikes

Question 13

When can a party propose jury instructions?

Answer 13

No later than the close of all evidence

Question 14

When can a party object to a jury instruciton

Answer 14

Must be before jury deliberations begin

Question 15

What must jury verdicts be?

Answer 15

Unanimous – parties can decide otherwise

Question 16

What is a general verdict?

Answer 16

The court may direct the jury to return a “general verdict,” which is simply a statement that P wins or D wins.

Question 17

What is a special verdict?

Answer 17

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

Question 18

What is a general verdict with specific questions

Answer 18

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?”).

Question 19

If the verdict and answers to the questions are inconsistent, the judge can in a gen/spec question

Answer 19

1. order a new trial
2. order jury to redilberate
3. order answer consistent with questions

Question 20

Findings on Bench Trials must be

Answer 20

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.

Question 21

When can a judge enter a partial judgment

Answer 21

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 22

Motion for Judgement as a Matter of Law is appropriate if

Answer 22

(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

Question 23

What is a Renewed Motion for Judgment as a Matter of Law

Answer 23

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.

Question 24

What is needed for a renewed motion for judgment as a matter of law

Answer 24

an original JML during the trial

Question 25

When must a renewed motion for judgment as matter of law be made?

Answer 25

within 28 days of judgment

Question 26

What is the magic number for post-trial motions time periods?

Answer 26

28 days within entry of judgment

Question 27

In ruling on a renewed motion for JML, the court may (3)

Answer 27

(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).

Question 28

A motion for a new trial may be granted for any of the following reasons:
(4)

Answer 28

1. Verdict is against the great weight of the evidence
2. Excessive Damages
3. procedural error or misconduct
4. Newly Discovered Evidence

Question 29

A verdict is against the great weight of the evidence if

Answer 29

Extraordinarily bad

Question 30

If court finds excessive damages, what options does movant have
(2)

Answer 30

1. new trial

2. pay lesser amount as perscribed

Question 31

Motion when damages are inadequate?

Answer 31

none

Question 32

A motion for a new trial on Procedural Error or Misconduct grounds requires
(2)

Answer 32

1. error or misconduct likely affected trial

2. Party objected during trial

Question 33

Types of errors that form grounds for new trials

5

Answer 33

a) Exclusion of Evidence
b) Incorrect Jury Instructions
c) Communication between witnesses
d) Ex parte communication with the judge
e) Juror misconduct

Question 34

What are the requirements for a new trial if citing newly discovered evidence
(3)

Answer 34

1. Could not find before verdict;
2. Not solely for the purpose of impeachment;
3. Likely change result

Question 35

A motion for a new trial must be filed within:

Answer 35

28 days within entry of judgment

Question 36

A motion for relief from judgment asks the court

Answer 36

court to undo the judgment entered

Question 37

A motion for relief from judgment may be granted for any of six reasons:

Answer 37

1. Mistake, Inadvertence, Excusable Neglet (default judgment)
2. Newly discovered evidence
3. Fraud, Misrepresentation or Misconduct
4. Judgement is void
5. Judgement as been satisfied
6. Any other reason justifying relief

Question 38

A motion for relief from judgment for fraud, misrepresentation or misconduct occurs when

Answer 38

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.

Question 39

A motion for relief from judgment for a Judgement that is void occurs when

Answer 39

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.

Question 40

A motion for relief from judgment must be made within?

Answer 40

A reasonable time
-once learning of the grounds for a motion, make it promptly
+
For (mistake, new evidence, and fraud)

Question 41

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?

Answer 41

Nothing, the demand does not need to be renewed.

Question 42

What types of issues may a party move for summary judgment?

Answer 42

Any issue in the case or as to the cause of action as a whole.

Question 43

Race-based exclusions of jurors is barred by?

Answer 43

The equal protection clause of the 14th amendment.

Question 44

Involuntary dismissals are judgments of what?

Answer 44

A final judgment on the merits, unless for lack of SMJ, PJ, Venue

Question 45

What involuntary action can be set aside by a showing of good cause?

Answer 45

A clerk’s entering of default (the actual notation not the judgment)