Trial and Post Trial Motions

Question 1

When does a party have a right to a jury?

Answer 1

1. Amount in controversy is greater than $20
2. Claims seeking damages (not injunction)
3. The cause of action is analogize to a cause in a 1791 common law court
   * More Info:* Right to Jury

Question 2

If both damages and injunctions for relief are sought, does the right to a jury exists?

Answer 2

Yes, the right to the jury exists for the underlying facts of the damages claim even if it results in an injunction

Question 3

What types of claims trigger the right to a jury trial?

Answer 3

The cause of action can be analogized to a cause in a 1791 common law court

More Info: Right to Jury

Question 4

Who can exercise the right to a jury trial?

Answer 4

Any single party in a lawsuit.

Question 5

How can a party demand a jury trial?

Answer 5

Step 1: File a written demand within 14 days after the last complaint or answer is filed

Step 2: Serve to the other parties

Question 6

What is the range for jury sizes?

Answer 6

6-12 members

Question 7

What is a juror challenge for cause?

Answer 7

During voir dire, any party may ask the court to dismiss a potential juror because the juror is unfit to serve due to bias

Question 8

What is the process by which juries are selected?

Answer 8

Voir dire

Question 9

How many challenges for cause does each side have?

Answer 9

Unlimited

Question 10

What is a peremptory challenge?

Answer 10

Each party has three such challenges, and when exercised, the juror is automatically dismissed. In making a peremptory challenge, a party need not articulate its reason for dismissal unless the strikes give rise to an inference of racial or gender discrimination.

Question 11

How many peremptory challenges does each party get?

Answer 11

Each party has 3 challenges.

Question 12

If a peremptory strike gives rise to an inference of racial or gender discrimination, what is the moving party required to do?

Answer 12

Provide a non-discriminatory explanation for the strike or withdraw the strike

Question 13

When can a party propose jury instructions?

Answer 13

No later than the close of all evidence

Question 14

When can a party object to a jury instruction?

Answer 14

Objections must occur before jury deliberations begin

Question 15

By default, jury verdicts must be?

Answer 15

Unanimous; however, the parties can stipulate other arrangements.

Question 16

What is a general verdict?

Answer 16

The court may direct the jury to return a general verdict where a jury’s verdict only states that the defendant or the plaintiff wins

Question 17

What is a special verdict?

Answer 17

The court may direct the jury to answer specific questions of fact in their verdict

Question 18

What is a general verdict with specific questions?

Answer 18

The court may order the jury to return a general verdict and also to answer specific questions

Question 19

If the verdict and answers to the questions are inconsistent, what can the judge do?

Answer 19

1. Order a new trial
2. Order the jury to redeliberate
3. Order answer consistent with the questions

Question 20

What are the requirements for findings on bench trials?

Answer 20

If a claim is tried before a judge rather than a jury, the court must:

1. Find the facts specially. The court must state its finding with regard to the facts in dispute.

And

2. State its conclusions of law separately.

Question 21

When can a judge enter a partial judgment?

Answer 21

A court can enter judgment on one claim without entering judgment on other claims if:

1. A party has been fully heard on an issue

And

2. The court determines that the party lacks sufficient evidence to prevail on a particular claim

Question 22

When is a motion for a judgement as a matter of law appropriate?

Answer 22

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. This standard is, in essence, the same as the summary judgment standard.
   * More Info:* Judgment as a Matter of Law

Question 23

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

Answer 23

If a party files an unsuccessful motion for judgement as a matter of law (JML) during trial, and then loses at trial, the party may file a renewed motion for judgment as a matter of law. This motion makes the same argument as the previous JML and is decided according to the same standard.

Question 24

What is needed to file a renewed motion for judgment as a matter of law?

Answer 24

An original motion for a judgement as a matter of law during the trial.

Question 25

**When** must a **renewed motion for judgment as matter of law** be made?

Answer 25

Within 28 days of judgment

Question 26

What is **generally** the **deadline** for all **post-trial motions**?

Answer 26

28 days

Question 27

In **ruling** on a **renewed motion for judgement as a matter of law**, what actions may the court take?

Answer 27

1. Allow the verdict to stand 2. Enter the opposite verdict 3. Order a new trial (even if a motion for new trial was not made)

Question 28

A **motion** for a **new trial** may be granted for what **reasons**?

Answer 28

1. Verdict is against the great weight of the evidence 2. Excessive damages are awarded 3. Procedural error or misconduct occured 4. Newly discovered evidence exists * More Info:* [Motion for a New Trial](http://www.nolo.com/legal-encyclopedia/motions-new-trial.html)

Question 29

When is a **verdict against** the **great weight** of the **evidence**?

Answer 29

When giving every deference to the prevailing party, they are still not entitled to the verdict.

Question 30

If a court finds **excessive damages** have been awarded, what **options** does the **losing party** have?

Answer 30

1. Move for a new trial Or 2. Move to pay less than the amount prescribed

Question 31

What **motion** should you use when **damages are inadequate**?

Answer 31

There is no motion for additur in federal court.

Question 32

What does a **motion** for a **new trial** grounded upon **procedural error or misconduct require**?

Answer 32

That the error or misconduct likely affected the trial and that the party objected during the trial.

Question 33

List the **types of errors** that are **grounds** for a **new trial**.

Answer 33

1. Exclusion of evidence 2. Incorrect jury instructions 3. Communication between witnesses 4. Ex parte communication with the judge 5. Juror misconduct

Question 34

What are the **requirements** of moving for a **new trial** based on **n****ewly discovered evidence**?

Answer 34

1) The new evidence could not be found before the verdict 2) The evidence's value is not solely for the purpose of impeachment 3) The evidence will likely change outcome of case * More Info:* [Newly Discovered Evidence](http://nationalparalegal.edu/public_documents/courseware_asp_files/researchLitigation/PostTrialPractice/PostTrialMotions.asp)

Question 35

**When** must a **motion** for a **new trial** be filed?

Answer 35

Within 28 days of the entry of the judgment

Question 36

A motion for **relief from judgment asks** the court to do what?

Answer 36

Undo the judgment entered against the party *More Info:* [Motion for Relief from Judgment](https://www.law.cornell.edu/rules/frcp/rule_60)

Question 37

List the **six reasons** a motion for **relief from judgment** may be granted.

Answer 37

1. Mistake, inadvertence, excusable neglect (e.g. default judgment) 2. Newly discovered evidence 3. Fraud, misrepresentation or misconduct 4. Judgement is void 5. Judgement has been satisfied 6. Any other reason justifying relief

Question 38

When is a motion for **relief** due to judgment for **fraud, misrepresentation, or misconduct appropriate**?

Answer 38

If a party withholds key evidence during discovery, bribes a witness, or makes false statements to the court or other parties, a party subject to an adverse judgment may seek relief from that judgment.

Question 39

When is a motion for **relief** from judgment due to a **judgement that is void** appropriate?

Answer 39

If the judgment entered is void because the court lacked subject matter jurisdiction or personal jurisdiction, then a party subject to the judgment may seek relief from the judgment.

Question 40

**When** must a **motion for relief from judgment** be made?

Answer 40

It must be made within a reasonable period of time of learning of the grounds for a motion. In the case of mistake, new evidence, or fraud, it is best to make the motion promptly.

Question 41

If a party has expressly **demanded a jury trial** in accordance with state law, what must they do to **keep the jury trial** if the case is **removed to federal court**?

Answer 41

Nothing, the jury demand does not need to be renewed.

Question 42

On what types of **issues** may a party **move for summary judgment**?

Answer 42

Any issue in the case or the cause of action as a whole

Question 43

**Race-based exclusions** of **jurors** is barred by what?

Answer 43

The Equal Protection Clause of the 14th Amendment

Question 44

**Involuntary dismissals** are what **type of judgments**?

Answer 44

A final judgment on the merits, unless the case was dismissed due to lack of subject matter jurisdiction, personal jurisdiction, or venue.

Question 45

What **involuntary action** can be **set aside** by a showing of **good cause**?

Answer 45

A clerk's entering of default (the actual notation not the judgment)