Trials and Post Trial Motions Flashcards
When does a party have a right to a jury?
- Amount in controversy > $20;
- Claims Seeking damages (not injunction);
- The cause of action is analogize to a cause in a 1791 common law court.
If both damages and injunctions for relief are sought, does the right to a jury exists?
Yes, the right to the jury exists for the underlying facts of the damages claim even if it results in an injunction.
What types of claims trigger the right to a jury trial?
The cause of action can be analogized to a cause in a 1791 common law court.
Who can exercise the right to a jury trial?
Any single party in a lawsuit.
How can a party demand a jury trial?
Step 1: File a written demand within 14 days after the last complaint or answer;
Step 2: Serve to other parties.
What is the range for jury sizes?
6-12 members.
What is the process by which juries are 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 due to bias.
How many challenges for cause does each side have?
Unlimited.
What is a peremptory challenge?
Each party has three such challenges and when exercised, the juror is automatically dismissed. 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 peremptory challenges does each party get?
Each party has 3 challenges.
If a peremptory strike gives rise to an inference of racial or gender discrimination, the moving party required to do?
Provide a non-discriminatory explanation for the strike or withdraw the strike.
When can a party propose jury instructions?
No later than the close of all evidence.
When can a party object to a jury instruction?
Objections must occur before the jury deliberations begin.
By default, jury verdicts must be?
Unanimous; however, the parties can stipulate other arrangements.
What is a general verdict?
The court may direct the jury to return a general verdict where a jury’s verdict only states that π or ∆ wins.
What is a special verdict?
The court may direct the jury to answer specific questions of fact in their verdict.
What is a general verdict with specific questions?
The court may order the jury to return a general verdict and also to answer specific questions.
If the verdict and answers to the questions are inconsistent, what can the judge do?
- Order a new trial;
- Order jury to redeliberate; or,
- Order answer consistent with questions.
What are the requirements for findings on bench trials?
If a claim is tried before a judge rather than a jury, the court must:
- Find the facts specially: 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?
A court can enter judgment on one claim without entering judgment on other claims 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.
When is a motion for a judgement as a matter of law appropriate?
- The party against whom the judgment is entered has been fully heard on an issue;
- 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.
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 the previous JML and is decided according to the same standard.
What is needed to file a renewed motion for judgment as a matter of law?
An original motion for a judgement as a matter of law during the trial.
When must a renewed motion for judgment as matter of law be made?
Within 28 days of judgment.
What is generally the deadline for post-trial motion time periods?
28 days.
In ruling on a renewed motion for JML, what actions may the court take?
- Allow the verdict to stand;
- Enter the opposite verdict; or,
- Order a new trial (even if a motion for new trial was not made).
A motion for a new trial may be granted for what reasons?
- Verdict is against the great weight of the evidence;
- Excessive damages awarded;
- Procedural error or misconduct; or,
- Newly discovered evidence.
When is a verdict against the great weight of the evidence?
When giving every deference to the prevailing party, they are still not entitled to the verdict.
If court finds excessive damages, what options does the losing party have?
- Move for a new trial; or,
- Move to pay less than the amount as prescribed.
What motion should you use when damages are inadequate?
There is no motion for additur in Federal court.
A motion for a new trial grounded upon procedural error or misconduct requires?
That the error or misconduct likely affected trial
+ The Party objected during the trial.
List the types of errors that are grounds for new trials.
- Exclusion of Evidence;
- Incorrect Jury Instructions;
- Communication between witnesses;
- Ex parte communication with the judge;
- Juror misconduct.
What are the requirements moving for new trial based on newly discovered evidencen?
Evidence could not be found before verdict
+ Evidence’s value is not solely for the purpose of impeachment
+ Evidence will likely change outcome of case.
When must a motion for a new trial be filed?
Within 28 days of the entry of the judgment.
A motion for relief from judgment asks the court to do what?
Undo the judgment entered against the party.
List the six reasons a motion for relief from judgment may be granted.
- Mistake, inadvertence, excusable neglect (e.g. default judgment);
- Newly discovered evidence;
- Fraud, misrepresentation or misconduct;
- Judgement is void;
- Judgement has been satisfied; or,
- Any other reason justifying relief.
When is a motion for relief due to judgment for fraud, misrepresentation or misconduct appropriate?
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.
When is a motion for relief from judgment due to a judgement that is void appropriate?
If the judgment entered is void because the court lacked subject matter jurisdiction or personal jurisdiction, then a party subject to the judgment may seek relief from the judgment.
When must a motion for relief from judgment must be made?
A reasonable time-once learning of the grounds for a motion. In the case of mistake, new evidence, or fraud, make the motion promptly.
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 jury demand does not need to be renewed.
On what types of issues may a party move for summary judgment?
Any issue in the case or 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 what type of judgments?
A final judgment on the merits, unless for dismissed due to lack of subject matter jurisdiction, personal jurisdiction, or 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).
