Trial Procedure Flashcards
(11 cards)
Jury Trial
Rule 38 provides that the right of trial by jury as declared by the Seventh Amendment to the U.S. Constitution, or as provided by a federal statute, is preserved to the parties inviolate. Under Rule 38(b), any party may make a written demand for a trial by jury.
Right to a Jury Trial
An action at law is an action for damages. An action in equity is typically an action for an injunctive relief.
Voir Dire
Voir dire is the process in which the court, the parties, or the parties’ attorneys examine potential jurors about their backgrounds and potential biases before selecting which potential jurors will sit on the jury.
Special Verdict
A special verdict is a written finding made by the jury on each issue of ultimate fact.
General Verdict
A general verdict is typically a decision by the jury regarding the prevailing party and, if the plaintiff is the prevailing party, the amount of damages.
General Verdict with Special Interrogatories
A general verdict with special interrogatories couples a general verdict with a special verdict. It is used to ensure that the jury independently considered the material facts of the case in arriving at its verdict.
Prejudgment Attachment
A prejudgment attachment provides for seizing a person or property to secure satisfaction of a potential judgment.
Judgment as a Matter of Law - Directed Verdict
A motion for summary judgment as a matter of law is a motion that is made under Rule 50(a) before submission of the case to the jury. It is also called a motion for a directed verdict.
Renewed Motion for Judgment as a Matter of Law (JNOV)
A motion for judgment notwithstanding the verdict is a renewed motion for judgment as a matter of law. A motion for judgment notwithstanding the verdict is made under Rule 50(b) by a party after the verdict and entry of judgment.
Remittitur
A motion for remittitur is a request to reduce a jury award of excessive damages.
