trial, judgment, and post trial motions; appellate review

Question 1

right to jury trial in fed ct (CIVIL CASES)

Answer 1

7A preserves right to jury trial in civil actions AT LAW (not in suits at equity)

Question 2

mixed suits of law and equity

Answer 2

• facts underlying damages claim –> tried to jury
• facts relating to equity –> tried to judge

jury issues tried first

Question 3

jury demand

Answer 3

party must demand jury in writing within 14 days after service of the answer

Question 4

selection and composition of jury

Answer 4

• in jury selection process (voir dire), each side might ask court to strike potential jurors

1. for cause challenges: juror could be struck for cause (e.g., b/c potential juror will not be impartial – unlimited #)
2. peremptory challenges: no reason is given, each side is limited to 3; peremptory challenges may be used only in a race and gender neutral way

Question 5

jury instructions

Answer 5

• parties submit proposed jury instructions to the judge (they do this at close of all evidence); instructions lay out the law and guide the jury
• remember that the jury finds the facts and the judge instructs jury on the law

Question 6

jury instructions conference

Answer 6

• before final argument and instruction, and ON THE RECORD, court informs parties of what instructions it’ll give – parties must be allowed to object on record and out of jury’s hearing; if objections aren’t made before jury is given instructions, objection is waived
• court CAN revisit jury instruction for clear error that impacted party’s rights

Question 7

entry of judgment

Answer 7

• jury returns general verdict - says who wins and what relief (clerk enters judgment)
• special verdict: jury answers in writing specific written questions about factual findings but doesn’t say who wins or loses (court applies the law to the facts and supplies verdict)
• general verdict with written questions: jury gives a general verdict (says who wins) and court can also require jury to answers questions submitted to it about specific findings of fact

Question 8

juror misconduct

Answer 8

a verdict can be impeached based on external matters

(e.g., if juror was bribed, a new trial can be ordered)

Question 9

motion for judgment as a matter of law
(only in jury trials)

Answer 9

• if judge grants JMOL, the case won’t go to jury
• standard: a reasonable jury would not find for non moving party (like SJ, the court views evidence in light most favorable to non-moving party)
• party can move for JMOL after other side has been heard at trial (e.g., pff presents her evidence at trial and rests; then D can move for JMOL); can be filed at any time before case goes to jury

Question 10

renewed JMOL

Answer 10

• same as JMOL but comes up AFTER TRIAL
• after court enters judgment based on jury verdict, losing party can move for RJMOL (can only be filed if JMOL was originally filed)
• standard: same as JMOL – reasonable jury didn’t have sufficient basis to have reached the verdict that it did
• if renewed JMOL is granted, court enters judgment for party that lost the jury verdict (a renewed JMOL results in taking judgment away from one party and giving it to the other)
• timing: within 28 days after entry of judgment

Question 11

motion for new trial

Answer 11

• some SERIOUS error at trial (e.g., judge gave wrong jury instruction; new evidence was discovered; damages are excessvie; jury foreperson lied or other misconduct; etc) requires that we start over and have a new trial
• party must move for new trial within 28 days of the judgment

Question 12

motion for relief from order or judgment (MNFV)

Answer 12

after judgment is entered, it’s possible to get relief form it under certain circumstances

1. mistake, inadvertence, or excuable neglect - WITHIN ONE YEAR
2. new evidence undiscoverable at time of trial (evidence existed at time of trial and moving party made efforts to discover it and would have changed result probs) - WITHIN ONE YEAR
3. fraud, misrep - WITHIN ONE YEAR
4. judgment is void, e.g., judgment rendered by court that lacked SMJ - can be brought at ANY REASONABLE TIME

*THIS IS LEFT TO JUDGE’S DISCRETION

Question 13

appellate review basic idea

Answer 13

fed district court entered an order or judgment and losing party wants to seek review by court of appeals

Question 14

final judgment rule

Answer 14

• losing party has right to appeal IF district court’s order is a final judgment (one that determines merits of entire case)
• notice of appeal must be filed IN THE DISTRICT COURT within 30 days after entry of judgment that’s being appealed

Question 15

interlocutory (nonfinal) appeals

Answer 15

if district court’s order is not a final judgment, it might be appealed (these are interlocutors orders)

Question 16

interloc appeals of injunctions as of right

Answer 16

orders granting, modifying, or refusing prelim or perm injunctions are reviewable as of right despite fact that order is not final

Question 17

interlocutory appeals act

Answer 17

allows appeal of nonfinal order if:
- controlling issue of law with substantial difference of opinion (certified by the district judge)
- court of appeals AGREES to hear

Question 18

class action

Answer 18

court of appeals has discretion to review order granting or denying certification of a class action

Question 19

multiple claims and/or parties

Answer 19

trial court can enter final judgment as to one or more party and/or claim; also, trial judge makes express finding that there’s no reason for delay - which is then appealable

Question 20

standard of review on appeal

Answer 20

1. review questions of law (e.g., motion for judgment as a matter of law) –> court of appeals uses de novo standard (no deference given to district judge)
2. questions of fact in bench trial – court of appeals affirms unless findings are clearly erroneous
3. review of question of fact in jury trial - court of appeals will affirm unless reasonable people couldn’t have made that finding (findings of fact by jury are given great deference)
4. review of discretionary matters (e.g., grant of motion to amend pleadings, denial of motion for new trial) – court of appeals will affirm unless district court judge abused her discretion (deferential standard)