Removing Case from a Jury

Question 1

Judgment as a Matter of Law

Answer 1

A party may make a motion for judgment as a matter of law after the opposing party has been fully heard on an issue. The motion may be made at any time before the case is submitted to the jury and will be granted only if the court finds that there is no legally sufficient basis for a reasonable jury to find for the non-moving party.

1) Essentially, the motion asks the judge to take the case away from the jury and determine the outcome as a matter of law. Thus, evidence must overwhelmingly favor the moving party so that no reasonable party could differ as to the outcome of the case. This is a very high obstacle to overcome.
2) Remember, the defendant can only make the motion after the plaintiff has been fully heard i.e. after the plaintiff has presented her case. Similarly, the plaintiff can only make the motion after the defendant has been fully heard.

Question 2

Judgment as a Matter of Law

CALIFORNIA

Answer 2

In California, a defendant may bring a motion for nonsuit after the plaintiff’s opening statement or after the plaintiff’s case in chief. Moreover, either party may move for a directed verdict after the presentation of all evidence.

Question 3

Renew Motion for Judgment as a Matter of Law (Motion After Verdict)

Answer 3

After the jury renders a verdict against a party, that party may make a renewed motion for judgment as a matter of law so long as that party previously moved for a judgment as a matter of law at some point during the trial. (This is why it’s called a renewed motion for judgment as a matter of law). Again, the court must find that there is no legally sufficient basis for the jury’s verdict. In essence, the motion is attempting to nullify the jury’s verdict because it is NOT supported by the evidence.

Question 4

CALIFORNIA

Answer 4

California is pretty much the same except that it is called a motion for judgment notwithstanding verdict. However, in California there is no requirement that a party must have previously brought a motion for a directed verdict.

Question 5

Summary Judgment

Answer 5

A motion for summary judgment will be granted if the moving party is able to show that there is no genuine dispute as to any material facts thereby entitling to judgment as a matter of law.

Question 6

Summary Judgment - Partial Summary Judgment

Answer 6

The court may grant partial summary judgment by disposing of less than the entire claim e.g. the court may grant summary judgment on the issue of liability, but not on the issue of damages.

Question 7

ESSAY TIP

Answer 7

The few times the examiners have tested summary judgment, they did so in conjunction with res judicata and collateral estoppel.