Ch 8: Trial Procedure

Question 1

What does Rule 38 provide regarding the right to a jury trial?

Answer 1

The right of trial by jury as declared by the Seventh Amendment is preserved to the parties inviolate.

Question 2

What is an action at law?

Answer 2

An action for damages.

Question 3

What is an action in equity?

Answer 3

Typically an action for injunctive relief.

Question 4

How is the right to a jury trial evaluated?

Answer 4

For each claim, with legal claims determined by the jury first and equitable claims determined by the court.

Question 5

What is the minimum amount in controversy for a right to a jury trial in federal civil cases?

Answer 5

Exceeds $20.

Question 6

What must a party do to properly demand a jury trial under Rule 38(b)?

Answer 6

Make a written demand, serve it within 14 days, and file it with the court within a reasonable time.

Question 7

What happens if a party does not properly serve and file a jury trial demand?

Answer 7

The party waives the right to a jury trial.

Question 8

What is an advisory jury?

Answer 8

A jury authorized by the court to provide non-binding findings on fact.

Question 9

Under what conditions may a party withdraw a jury trial demand?

Answer 9

With the consent of the other parties.

Question 10

What is the initial size of a jury according to Rule 48(a)?

Answer 10

At least 6 members and no more than 12 members.

Question 11

Define ‘voir dire’.

Answer 11

The process of examining potential jurors about their backgrounds and biases.

Question 12

How many peremptory challenges does each party have in civil cases?

Answer 12

Three peremptory challenges.

Question 13

What type of challenges to jurors can be made without limit?

Answer 13

Challenges for cause, such as bias or personal relationships.

Question 14

What is required for a jury verdict according to Rule 48(b)?

Answer 14

The verdict must be unanimous unless parties stipulate otherwise.

Question 15

What is a special verdict?

Answer 15

A written finding made by the jury on each issue of ultimate fact.

Question 16

What is a general verdict?

Answer 16

A decision by the jury regarding the prevailing party and the amount of damages.

Question 17

What is a general verdict with special interrogatories?

Answer 17

A general verdict coupled with specific questions to ensure the jury considered material facts.

Question 18

What must a party do if they believe the jury has returned an erroneous verdict?

Answer 18

Raise the issue with the court before the jury is dismissed.

Question 19

What is juror misconduct?

Answer 19

When a juror conceals facts or gives false testimony during voir dire.

Question 20

What is required for a party to obtain a new trial due to juror misconduct?

Answer 20

Demonstrate the juror failed to answer honestly a material question on voir dire.

Question 21

What can lead to a juror being excused for good cause?

Answer 21

Sickness, family emergency, or juror misconduct.

Question 22

What is the court’s duty regarding jury instructions if a jury is to render a general verdict?

Answer 22

To give necessary instructions and explanations for the jury to render a general verdict.

Question 23

When may a party request specific jury instructions?

Answer 23

At the close of evidence or at an earlier reasonable time.

Question 24

What happens if a party objects to the court’s proposed jury instructions?

Answer 24

The objection must be on the record and state the grounds for the objection.

Question 25

Can a juror discuss the facts of the case with a nonjuror?

Answer 25

No, jurors should not discuss the facts with nonjurors.

Question 26

What is the effect of a juror's refusal to agree with other jurors?

Answer 26

It does not constitute good cause for excusing a juror.

Question 27

What is the definition of a prejudgment attachment?

Answer 27

A prejudgment attachment provides for seizing a person or property to secure satisfaction of a potential judgment. ## Footnote Remedies include arrest, attachment, garnishment, replevin, sequestration, and other equivalent remedies.

Question 28

Under what conditions will a case be tried by the court without a jury?

Answer 28

A case will be tried by the court without a jury if: * No right to a jury trial exists * The right to a jury trial has been waived

Question 29

What must a court do as the finder of fact in a non-jury trial?

Answer 29

The court must find the facts specially and state its conclusions of law separately.

Question 30

What is Rule 42(a) related to?

Answer 30

Rule 42(a) allows the court to join for hearing or trial any or all matters at issue in the actions involving a common question of fact or law.

Question 31

What is a motion for judgment as a matter of law?

Answer 31

A motion for judgment as a matter of law is a motion made under Rule 50(a) before submission of the case to the jury, also called a directed verdict.

Question 32

What is the standard for granting a motion for judgment as a matter of law?

Answer 32

The court must view the evidence in the light most favorable to the opposing party and draw all reasonable inferences from the evidence in favor of the opposing party.

Question 33

What is the time frame to file a renewed motion for judgment as a matter of law after a verdict?

Answer 33

No later than 28 days after the entry of judgment.

Question 34

What does a judgment represent?

Answer 34

A judgment is a decree or order by a court that resolves the parties’ rights and demands for relief in a manner that permits it to be appealed.

Question 35

What must a party do to claim attorney's fees after a judgment?

Answer 35

A claim for attorney’s fees must be made by a motion filed within 14 days after entry of judgment.

Question 36

What is the overarching justification for granting a new trial?

Answer 36

To prevent a miscarriage of justice.

Question 37

List some grounds that justify a new trial.

Answer 37

* Error at trial that renders the judgment unfair * Newly discovered evidence * Prejudicial misconduct * A verdict that is against the clear weight of the evidence * A verdict that is based on false evidence * A verdict that is excessive or inadequate

Question 38

What is a motion for remittitur?

Answer 38

A request to reduce a jury award of excessive damages.

Question 39

What is the time frame to file a motion for a new trial?

Answer 39

No later than 28 days after the entry of judgment.

Question 40

What is required when a motion for a new trial is based on affidavits?

Answer 40

The affidavits must be filed with the motion, and the opposing party has 14 days to file opposing affidavits.

Question 41

True or False: A court must specify reasons for granting a new trial.

Answer 41

True.

Question 42

What does Rule 54(c) state regarding judgments?

Answer 42

A judgment should grant a party the relief to which the party is entitled, even if the party has not demanded such relief in its pleadings.

Question 43

What does Rule 59(a) allow the court to do?

Answer 43

Grant a new trial on all issues or concerning only certain issues or parties.

Question 44

What is the role of the court when ruling on a renewed motion for judgment?

Answer 44

The court may allow judgment on the verdict, order a new trial, or direct the entry of judgment as a matter of law.

Question 45

Fill in the blank: A party may make a motion for the court to ______ a judgment.

Answer 45

[alter or amend]

Question 46

What is the purpose of Rule 61?

Answer 46

The court must disregard all errors and defects that do not affect any party’s substantial rights, known as the 'harmless error' rule.

Question 47

What is the general rule regarding the right to a jury trial for actions at law?

Answer 47

An action at law is generally tried on demand to a jury

Question 48

What types of actions are not tried by a jury?

Answer 48

Actions in equity, such as injunctions and specific performance

Question 49

In a lawsuit involving both legal and equitable issues, which issues are tried first?

Answer 49

The legal issues are tried first

Question 50

For state-law claims in diversity actions, who determines the right to a jury trial?

Answer 50

Federal law determines the right to a jury trial

Question 51

What is the monetary threshold for a right to a jury trial in federal civil cases?

Answer 51

The amount in controversy must exceed $20

Question 52

How many days does a party have to serve a demand for a jury trial after the last pleading?

Answer 52

14 days

Question 53

What is the minimum and maximum number of members in a jury?

Answer 53

At least six and no more than 12 members

Question 54

What must a juror do once selected, unless dismissed for good cause?

Answer 54

Participate in the verdict

Question 55

How many peremptory challenges are allowed per party?

Answer 55

3 per party

Question 56

What is the basis for disqualification in a peremptory challenge?

Answer 56

Any basis other than race, ethnicity, or gender

Question 57

What type of challenges to jurors is unlimited?

Answer 57

Challenges for cause

Question 58

What must the court do at the close of evidence if a party requests specific jury instructions?

Answer 58

Inform the parties of any proposed instructions

Question 59

What happens if a party does not object to an erroneous jury instruction on the record?

Answer 59

The party generally cannot raise the matter on appeal

Question 60

What is the requirement for a jury verdict unless stipulated otherwise?

Answer 60

The verdict must be unanimous and returned by at least six jurors

Question 61

What are the three permissible types of jury verdicts?

Answer 61

1. Special 2. General 3. General with special interrogatories

Question 62

What does a special verdict entail?

Answer 62

A written finding made by the jury on each issue of ultimate fact

Question 63

What must the court issue in a trial by the court (bench trial)?

Answer 63

Findings of fact and conclusions of law

Question 64

When can the court's findings of fact be set aside on appeal?

Answer 64

Only if clearly erroneous

Question 65

What does a motion for judgment as a matter of law (JMOL) challenge?

Answer 65

The sufficiency of the evidence in a civil jury trial

Question 66

When can a motion for JMOL be filed?

Answer 66

Any time before the case is submitted to the jury

Question 67

What must the court do when viewing evidence for a JMOL motion?

Answer 67

View the evidence in the light most favorable to the opposing party

Question 68

What is the time frame for renewing a motion for JMOL after entry of judgment?

Answer 68

No later than 28 days after the entry of judgment or jury discharge

Question 69

What are the possible outcomes if a renewed motion for JMOL is granted?

Answer 69

1. Allow judgment on the verdict 2. Order a new trial 3. Direct entry of judgment as a matter of law

Question 70

What can a court grant to prevent a miscarriage of justice?

Answer 70

A new trial