Trier and the Trial (Ch. 9) Flashcards
What governs judicial conduct?
Judicial Canon of Ethics
According to the Judicial Canon of Ethics, how might parties complain about a judge?
Parties may file complaints with the chief judge in the instant circuit.
What will happen once a complaint is filed about a judge?
The chief justice will launch an investigation and take action.
What 5 actions may result in case of judicial misconduct?
- Dismissal of action
- Declaration that judge is disabled
- Censure
- Reprimand
- Refer to House of Representatives for impeachment.
Under what conditions would a judge be removed from a case?
Only in the case of recusal
What are 2 types of judicial recusal?
- Peremptory
- For Cause
If a party wants a peremptory judicial recusal, what must they do?
The party must file an affidavit alleging prejudice.
For what 4 causes will a judge recuse themself?
- Where they have served as a lawyer in the matter in controversy prior to service as a judge
- Where they served as a government employee and stated an opinion on the matter.
- Where they or their family have a financial interest
- Where a judge’s impartiality might reasonably be questioned.
Under the Tumey standard, when must a judge recuse themself?
When they have a “direct, personal, substantial, pecuniary interest” in a case.
What did the court in AT Massey Coal determine the standard for potential judicial bias should be?
A Judge should recuse themself if a reasonable judge would be tempted to exhibit bias.
What right is guaranteed by the seventh amendment?
The right to trial by jury.
What is the two-step 1791 rule?
- Is the amount under controversy twenty dollars or more?
- Would this issue been tried by a court of law or equity in 1791.
a. court of law, then no jury required
b. court of equity, then yes to jury
When must a jury trial be requested?
A trial by jury must be requested within 14 days of the last pleading for the issue for which it is requesting a jury.
What happens if a party improperly requests a jury trial?
If they don’t ask properly, they waive the right.
What are the two challenges that can be used in jury selection?
- For cause
- Peremptory
How many times can a party challenge a prospective juror for cause?
As many times as desired.
How many times can a party use a peremptory challenge to a prospective juror?
Three times.
For what reasons can a party NOT exercise a peremptory challenge to strike a juror?
A party may not strike a juror because of race, gender, most religions
What is a peremptory challenge to strike a juror?
A chance to excuse a juror for any reason.
When might the opposing party question another’s peremptory challenge?
If they think the jurors are systematically being dismissed based on a prejudice.
Can a prospective juror be struck from a jury due to their religion?
Yes, if their religion will interfere with their ability to adhere to the law, they may be struck.
For what two reasons would a judge grant a new trial?
- When they think the verdict goes against the great weight of evidence. Jury Error
- When the judge recognizes procedural errors have been made. Court Error
What are some procedural errors that could lead a judge to grant a new trial?
- Jurors were paid off
- Jurors reviewed evidence on their own.
- Court permitted evidence that it should not have.
- Court made an error
- Attorney paid off a witness
- There was impermissible contact
How long does a party have to submit a motion for new trial?
A motion for new trial may be granted by the judge within 28 days following the court’s judgement.
What are 5 reasons the court may order attorneys to attend pre-trial conferences?
- To expedite trial
- To establish early and continuing control of case management
- Discourage wasteful pre-trial activities
- To improve trial preparations
- To Facilitate settlement
What is another name for a directed verdict?
Judgement as a matter of Law
What is another name for a judgement as a matter of law?
Directed verdict
When must a directed verdict occur?
When a reasonable jury could not find for D. D can move for directed verdict once P has rested the case.
If an attorney does not think it will be successful, why might they still request a directed verdict?
Because if not, they will be lose the right to file for a judgement notwithstanding the verdict.
About what 3 issues may a juror not testify?
- Their own mental process
- Another juror’s mind
- Any influences that might have impacted the verdict
What 3 things could happen after the trial to alter it in some way?
- The court could grant a new trial
- A party could request the court to alter the damages awarded
- A party could appeal
What are the 2 possible adjustments to damages awarded?
- Remittitur: lessen the award
- Additur: increase the award
Is additur legal?
In most states, no, as it has been found to be unconstitutional.
What is a burden of persuasion of a rational fact finder?
51%
What is the burden of proof required for a judgement as a matter of law?
The judge determines it.
Are parties permitted to join contingent claims?
Yes.
