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Flashcards in Civ Pro 4 - Trial and Post-trial Deck (18):
1

Exercising Right to Jury

Either party can demand in writing no later than 14 days after the last complaint or answer.

2

Types of Jury Verdicts

(1) General verdict - this side wins.
(2) Special verdict - jury answers specific questions of facts.
(3) General Verdict with Specific Questions - if verdict and answers are inconsistent, judge can: (a) order a new trial, (b) order jury to redeliberate, or (c) enter a verdict appropriate to the specific answers

3

Bench Trial

Judge must state his finding of facts with regard to the facts in dispute and then state his conclusions of law separately.

4

Partial Judgment

During trial, if a party has been fully heard on an issue, and the court determines that he party lacks sufficient evidence to prevail on a particular claim, the court can enter judgment on that claim without entering judgment on other claims. This can lead to an interlocutory appeal.

5

Motion for Judgment as a Matter of Law

During a jury trial, court may enter a JML on a claim if:
(1) The party against whom the judgment is entered has been fully heard on an issue, and
(2) The party lacks sufficient evidence to prevail on an issue necessary to a particular claim or defense. Court will assume the non-movants evidence is true and will only consider that evidence, not the other sides.

6

Renewed Motion for Judgment as Matter of Law

If party files an unsuccessful JML during trial and loses at trial, they can make a renewed motion after the trial. If you never made a JML you can't do it again. Can jointly move for a new trial. Has to within 28 days of final judgment. Judge can allow verdict to stand, enter opposite verdict, order a new trial.

7

Motion for a New Trial

28 days, may be granted for:
(1) Verdict was against the great weight of the evidence. Court can take into account comparative volume and credibility of all evidence.
(2) Excessive damages. "grossly excessive" or "shock the conscience" Court can also just chose an appropriate amount of damage and ask the D if they want to pay that or go to a new trial.
(3) Procedural Error or Misconduct. (a) likely affected the result of the trial, and (b) party objected to the error at the time. Errors include wrongful exclusion or admission of evidence, incorrect jury instructions, communication between witnesses, ex parte with judge, juror misconduct.
(4) Newly discovered evidence. If it couldn't have been discovered before the verdict as long it is not for impeachment and would likely change the result.

8

Motion for Relief From Judgment

Within a reasonable time, first 3 reasons have to be within a year.Asks the court to undo the judgment entered.
(1) Mistake, inadvertence, or excusable neglect. (default judgment relief
(2) Newly Discovered evidence.
(3) Fraud, Misrepresentation, or Misconduct by a party.
(4) Judgment is void - lacked SMJ
(5) Judgment has been satisfied.
(6) Any other reason that justifies relief.

9

Right to Jury

(1) Have to be asking for damages.
(2) Claim has to be fairly analogized to a claim that would have been actionable in a 1791 common law court

10

5 Grounds for Appellate Jurisdiction

(1) A final judgment
(2) Order pertaining to preliminary injunctive relief
(3) Order pertaining to certification of a class
(4) Order that has been certified by the district court
(5) Collateral order

11

Certified Order

District court can certify and order for appeal if:
(1) Order involves a controlling question of law
(2) Issue of law is one which there is a substantial difference of opinion
(3) An immediate appeal will materially advance the ultimate resolution of the action

12

Collateral ORder

(1) Order pertains to a matter unrelated to the merits
(2) The order conclusively decides a particular issue
(3) Delaying appeal until final judgment would effectively deny appellate review of the issue.

13

Standards of Review

(1) Question of law = de novo
(2) Question of Fact = clearly erroneous
(3) Inherently discretionary questions = abuse of discretion

14

Harmless Error

If court did err, if error didn't affect the result of the trial, it was harmelss.

15

Waiver of Error

Appellant cant seek relief if she passed up on the opportunity to challange the decision at the time the lower court made it.

16

Appeal Timing

Must file notice of appeal in district court within 30 days of the judgment or 30 days of the denial of a post trial motion. If appealing a class certification you have 14 days to file notice.

17

Claim Preclusion/Res Judicata

Bars claimants from re-litigating a claim they've already lost if:
(1) Same parties on the same sides of the v.
(2) Same transaction or occurrence
(3) There was a valid final judgment ont he merits.

18

Issue Preclusion

Bars re-litigation of issues if:
(1) Issue must have been litigated and determined in prior suit.
(2) Issue was essential to the judgment in the prior suit.
(3) Prior suit ended in a valid final judgment on the merits.
(4) Party against whom preclusion is asserted had a full and fair opportunity, as well as incentive, to litigate the issue in the first suit.