Judges and Juries, Directed Verdict

Question 1

Judge disqualification

Answer 1

Sec 144 = timely and sufficient affidavit alleging judges bias for or against a party
Sec 455 = judge shall disqualify themselves if their impartiality can be reasonably questioned
Very high standard
Some states allow litigant to seek new judge without reason

Question 2

Juries

Answer 2

Rule 38 = Federal rules recognize the 7th amendment and federal statutes for the right of trial by jury
Rule 38 = between 6-12 jurors, verdict must be unanimous

Question 3

Directed verdict (rule 50)

Answer 3

Judgment as a matter of law (JMOL)
Judgement not withstanding the verdict (JNOV)

Question 4

Judgment as a matter of law (JMOL)

Answer 4

Pre verdict
No jury could find evidence to rule for a party

Question 5

Judgement not withstanding the verdict (JNOV)

Answer 5

Post verdict
Have up to 28 days after the verdict

Question 6

Motion for new trial (rule 59)

Answer 6

Must be within 28 days
Reasons
- misconduct by a party
- new evidence
- jury misconduct
- inconsistent verdicts
- verdict is against the weight of evidence and not in the interest of justice

Question 7

Appeals

Answer 7

Must be filed within 30 days