Trier and the Trial (Ch. 9)

Question 1

What governs judicial conduct?

Answer 1

Judicial Canon of Ethics

Question 2

According to the Judicial Canon of Ethics, how might parties complain about a judge?

Answer 2

Parties may file complaints with the chief judge in the instant circuit.

Question 3

What will happen once a complaint is filed about a judge?

Answer 3

The chief justice will launch an investigation and take action.

Question 4

What 5 actions may result in case of judicial misconduct?

Answer 4

1. Dismissal of action
2. Declaration that judge is disabled
3. Censure
4. Reprimand
5. Refer to House of Representatives for impeachment.

Question 5

Under what conditions would a judge be removed from a case?

Answer 5

Only in the case of recusal

Question 6

What are 2 types of judicial recusal?

Answer 6

1. Peremptory
2. For Cause

Question 7

If a party wants a peremptory judicial recusal, what must they do?

Answer 7

The party must file an affidavit alleging prejudice.

Question 8

For what 4 causes will a judge recuse themself?

Answer 8

1. Where they have served as a lawyer in the matter in controversy prior to service as a judge
2. Where they served as a government employee and stated an opinion on the matter.
3. Where they or their family have a financial interest
4. Where a judge’s impartiality might reasonably be questioned.

Question 9

Under the Tumey standard, when must a judge recuse themself?

Answer 9

When they have a “direct, personal, substantial, pecuniary interest” in a case.

Question 10

What did the court in AT Massey Coal determine the standard for potential judicial bias should be?

Answer 10

A Judge should recuse themself if a reasonable judge would be tempted to exhibit bias.

Question 11

What right is guaranteed by the seventh amendment?

Answer 11

The right to trial by jury.

Question 12

What is the two-step 1791 rule?

Answer 12

1. Is the amount under controversy twenty dollars or more?
2. 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

Question 13

When must a jury trial be requested?

Answer 13

A trial by jury must be requested within 14 days of the last pleading for the issue for which it is requesting a jury.

Question 14

What happens if a party improperly requests a jury trial?

Answer 14

If they don’t ask properly, they waive the right.

Question 15

What are the two challenges that can be used in jury selection?

Answer 15

1. For cause
2. Peremptory

Question 16

How many times can a party challenge a prospective juror for cause?

Answer 16

As many times as desired.

Question 17

How many times can a party use a peremptory challenge to a prospective juror?

Answer 17

Three times.

Question 18

For what reasons can a party NOT exercise a peremptory challenge to strike a juror?

Answer 18

A party may not strike a juror because of race, gender, most religions

Question 19

What is a peremptory challenge to strike a juror?

Answer 19

A chance to excuse a juror for any reason.

Question 20

When might the opposing party question another’s peremptory challenge?

Answer 20

If they think the jurors are systematically being dismissed based on a prejudice.

Question 21

Can a prospective juror be struck from a jury due to their religion?

Answer 21

Yes, if their religion will interfere with their ability to adhere to the law, they may be struck.

Question 22

For what two reasons would a judge grant a new trial?

Answer 22

1. When they think the verdict goes against the great weight of evidence. Jury Error
2. When the judge recognizes procedural errors have been made. Court Error

Question 23

What are some procedural errors that could lead a judge to grant a new trial?

Answer 23

1. Jurors were paid off
2. Jurors reviewed evidence on their own.
3. Court permitted evidence that it should not have.
4. Court made an error
5. Attorney paid off a witness
6. There was impermissible contact

Question 24

How long does a party have to submit a motion for new trial?

Answer 24

A motion for new trial may be granted by the judge within 28 days following the court’s judgement.

Question 25

What are 5 reasons the court may order attorneys to attend pre-trial conferences?

Answer 25

1. To expedite trial
2. To establish early and continuing control of case management
3. Discourage wasteful pre-trial activities
4. To improve trial preparations
5. To Facilitate settlement

Question 26

What is another name for a directed verdict?

Answer 26

Judgement as a matter of Law

Question 27

What is another name for a judgement as a matter of law?

Answer 27

Directed verdict

Question 28

When must a directed verdict occur?

Answer 28

When a reasonable jury could not find for D. D can move for directed verdict once P has rested the case.

Question 29

If an attorney does not think it will be successful, why might they still request a directed verdict?

Answer 29

Because if not, they will be lose the right to file for a judgement notwithstanding the verdict.

Question 30

About what 3 issues may a juror not testify?

Answer 30

1. Their own mental process
2. Another juror’s mind
3. Any influences that might have impacted the verdict

Question 31

What 3 things could happen after the trial to alter it in some way?

Answer 31

1. The court could grant a new trial
2. A party could request the court to alter the damages awarded
3. A party could appeal

Question 32

What are the 2 possible adjustments to damages awarded?

Answer 32

1. Remittitur: lessen the award
2. Additur: increase the award

Question 33

Is additur legal?

Answer 33

In most states, no, as it has been found to be unconstitutional.

Question 34

What is a burden of persuasion of a rational fact finder?

Answer 34

51%

Question 35

What is the burden of proof required for a judgement as a matter of law?

Answer 35

The judge determines it.

Question 36

Are parties permitted to join contingent claims?

Answer 36

Yes.