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Flashcards in JMOL Deck (9)
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1
Q

JMOL

A
  • judgment as a matter of law
  • formerly known as: motion for directed verdict, or judgment not withstanding jury verdict
2
Q

JMOL - Motion purpose

A
  • Avoid case to be decided by jury WHEN no rational basis by which jury could base its finding
  • One party failed to produce enough E to show material facts at dispute
    (time: before is submitted to jury or 28 days after judgment)
3
Q

JMOL - Proof standard failed (to show there are material facts at dispute)

A

Clear and Convincing Evidence

4
Q

JMOL - Methods

A

1) By court sua ponte
2) By either party’s motion

5
Q

JMOL - Motion presentation timing

A
  • Gral Rule:
    a) Any time before submission to jury.
  • If not granted, file re-new motion for JMOL
    b) Within 28 days since verdict if preserved (presented before) in relation to jury issue not decided in verdict.
6
Q

JMOL - Difference with Summary Judgment

A
  • Similar purpose AND in both cases you need to preserve for appeal
  • Based on different evidence:
    a) SumJudg: E on discovery
    b) JMOL: E presented on trial
7
Q

JMOL - Test for Sufficiency of E to submit case of jury (used by court)

A

Is there evidentiary basis or reasonable inference to sustain verdict against non-moving party by a reasonable jury?

(enough evidence to present to jury?)

8
Q

JMOL - Test for Sufficiency of E to submit case of jury - Burden of Proof (of “lack of”)

A

Burden of the moving party, but:

  • Motion for J_MOL admits truth of E by opposing party and all reasonable inferences derived_ - then court has to interpret all E against moving party and in favor of non-moving party
  • In doubt, court usually allows for jury trial
9
Q

JMOL - Test for Sufficiency of E to submit case of jury - Weight of E and credibility of W

A
  • Court usually disregards credibility of W (similar to summary judgment)

- Court doesnt weight E - only objectively asks about sufficiency to submit case to jury