Jury Trial/Motions made during and after trial Flashcards
There is a 7th amendment right to a jury trial
in cases of law
There is no right to a jury trial in cases of
equity
When cases of law and equity overlap in one lawsuit
The legal issues get tried first, no matter in which order they arose
To get a jury trial, there must be a demand for a jury trial made no later than
14 days after service of the last pleading directed at the issue
Jury selection
Minimum of 6- max of 12. Each litigant gets 3 peremptory challenges (cannot be used to exclude race or gender) and unlimited challenges for cause
In a bench trial
The Judge makes findings of fact on the record and state’s conclusions of law
A judge must inform the parties of the court’s proposed jury instructions
before final argument
The court must provide an opportunity to
object to proposed jury instructions
Objections to jury instructions must
Be made on the record, the reasons state for the objection must be stated and be made before the jury retires to deliberate
A Jury
A Jury verdict must be
1) Unanimous (unless parties have agreed otherwise) and
2) returned by at least 6 jurors (unless parties have agreed otherwise
The standard for Judgement as a matter of law (directed verdict)
Viewing the evidence most favorable to the non-moving party, the evidence cannot support a verdict for that party, and the moving party is therefore entitled to judgement as a matter of law
If a case turns on the credibility of a witness than a motion for JMOL will be
denied
A JMOL can be ma
A JMOL can be made
At the end of P’s case by either party or at the close of all the evidence
