Trial matters

Question 1

Who is entitled to a jury AND how is that right secured?

Answer 1

Right to jury trial in Fed. Ct:7th Am. preserves it in actions at LAW, but not in suits at EQUITY

IF both → jury determines fact issues underlying law claim but not equity claim.

NOTE: 7th Am. does not apply in state courts.

Selecting the jury:each side has unlimited strikes of potential jurors for cause (e.g., bias, related to a litigant) AND has 3 preemptory strikes,which MUST use in race/gender neutral way (this is state action)

Must demand jury trial in writing no later than 14 DAYS after service of the last pleading raising a jury-triable issue

Question 2

What is a motion for judgment as a matter of law (JMOL)?

Answer 2

Exceptional order, the effect of which is to take the case away from the jury.

Brought when the OTHER side has been heard:

∆ can move at the close of π’s evidence and again at the close of all evidence

π can move at the close of all evidence.

Standard for granting the motion= reasonable people could NOT disagree on the result

Ct. will view evidence in light most favorable to nonmoving party.

Question 3

What is arenewed motion for judgment as a matter of law (RJMOL)?

Answer 3

AFTER jury returns verdict & ct. enters it, losing party makes renewed motion & if granted results in judgment for him (w/o a new trial)

Time: W/in 28 DAYS after entry of the judgment.

Standard= reasonable people would not disagree on the result (i.e. jury reached a conclusion reasonable people couldn’t have reached)

Ct. views evidence favorably to nonmoving party

Prerequisite: Must have made a motion for JMOL at the close of all evidence – IF you did not you cannot enter a renewed judgment (it’s WAIVED)

Question 4

What is a motion for a new trial?

Answer 4

Situation: Judgment entered, but judge concludes that errors at trial require a new trial.

Must move w/in 28 DAYS after entry of the judgment. Examples of grounds:

1 - Prejudicial (not harmless) error at trial makes judgment unfair (wrong jury instruction, wrong evidentiary ruling)

2 - New evidence that could not have been discovered in time for trial

3 - Prejudicial misconduct of party or juror (e.g., juror made indpt investigation of accident scene)

4 - Judgment is against the weight of the evidence, showing serious error of judgment by the jury.

NOTE: granting new trial is less radical than RJMOL, since it results in starting over.

Question 5

What are the 2 ways a defending party can respond to a complaint?

Answer 5

Under FRCP 12, a defending party may respond in one of 2 ways (by motion or by answer) no later than 21 DAYS after service of process on her

Answer is a pleading: ∆ (1) responds to allegations of the complaint (admitting, denying, etc); AND (2) raise affirmative defenses

Motions are NOT pleadings: they ask the court to do something (e.g. dismiss the case)

Question 6

What are the 7 defenses that can be raised in EITHER the answer or a motion?

Answer 6

ANYTIME

1) Lack of smjx

ANSWER/ MOTION

2) Lack of pjx
3) Improper venue
4) Insufficient process (a problem w/ the docs)
5) Insufficient service of process

ANYTIME IN TRIAL

6) Failure to state a claim for which relief can be granted
7) Failure to join an indispensable party

Question 7

What are the reqs for a complaint?

Answer 7

1) Stmt of smjx
2) Short/plain stmt of the claim, showing entitled to relief; AND

Need not be made w/ great specificity or particularity→ JUST need to put the other side on “notice”

EXCEPTIONS: these 3 three topic req specificity/particularity (more facts):

Fraud
Mistake
Special damages

3) Demand for judgment (does not LTD what can be recovered)