Trial and Pretrial

Question 1

The right to a jury trial is

Answer 1

preserved as it existed in England in 1791

Question 2

English law in 1791

Answer 2

• Courts of Law
• Courts of Equity

Question 3

Courts of Law

Answer 3

• Money damages
• Established laws
• Jury

Question 4

Courts of Equity

Answer 4

• Specific performance
• Much broader than courts of law
• No jury

Question 5

Estoppel

Answer 5

An earlier decision by the court will bind the parties later

Question 6

Clean Up Doctrine

Answer 6

• Concept is that courts in equity could sometimes decide cases at law
• Use when looking at how courts decided in the 19th century

Question 7

Federal Rule of Civil Procedure created

Answer 7

one civil court instead of both equity and law

Question 8

Judge decides

Answer 8

Equitable issues

Question 9

Jury decides

Answer 9

Damages and legal claims

Question 10

Legal claims are decided (what order)

Answer 10

first

Question 11

For causes of action that arose after 1791 ask

Answer 11

is this more analogous to a right that existed at law or equity

• is the remedy closer to a remedy at law or equity

Question 12

Right to a jury trial is preserved in

Answer 12

the 7th Amendment

Question 13

To assert jury trial

Answer 13

Demand in a written demand within 14 days after the last pleading

• early on
• Usually in pleading itself (complaint or answer)

Question 14

If jury trial is not properly served and filed

Answer 14

it is waived

Question 15

When a jury trial has been demanded, two ways not to have one are

Answer 15

• Parties or attorneys stipulate that it won’t be tried to a jury or
• Court finds no federal right to jury trial

Question 16

When no demand for a jury trial, court has

Answer 16

discretionary ways to get a jury trial through motion if did not ask in pleading

Question 17

If one party asks for a jury trial had has a right to one

Answer 17

they get one

Question 18

Judgment as a Matter of Law Standard (Rule 50)

Answer 18

No reasonable jury could find for that party

Question 19

Can assert JMOL when

Answer 19

the party against whom the judgment is given has been fully heard in an issue at a jury trial

• can be on one issue or entire claim but whole of whatever is being challenged must be heard
• before it is submitted to jury

Question 20

JMOL must include

Answer 20

specific on what they want it granted on and why

Question 21

Renewed JMOL Requirements

Answer 21

If they submit a JMOL before the jury has heard it and the judge denies it at the time, the judge can revisit after it is submitted to jury

• judge can decide against the jury
• Filed no later than 28 days after judgment

Question 22

Possible Outcomes of Renewed JMOL

Answer 22

• Let verdict stand
• Direct entry of judgment as a matter of law
• Grant new trial

Question 23

Voluntary Dismissals (Rule 41a)

Answer 23

P moves to dismiss and the case is dismissed without prejudice

Question 24

Involuntary dismissal (Rule 41b)

Answer 24

Granted D’s motion to dismiss

• This is an adjudication on the merits
• Case is decided and dismissed with prejudice

Question 25

Summary Judgement Rule (Rule 56)

Answer 25

Movant has to show that there is no genuine dispute as to any material fact and movant is entitled to judgment as a matter of law - 30 days after close of discovery to file unless court sets another time

Question 26

Party with the burden on an issue for summary judgment is asserting

Answer 26

all the elements are met and can show that by undisputed fact

Question 27

Party that does not have the burden for summary judgement is asserting

Answer 27

the other party lacks proof of its claim - more common - must demonstrate the other party lacks admissible evidence on its claim