Trials and Post Trial Motions Flashcards
(45 cards)
When does a party have a right to a jury?
- Amount in controversy > $20;
- Claims Seeking damages (not injunction);
- The cause of action is analogize to a cause in a 1791 common law court.
If both damages and injunctions for relief are sought, does the right to a jury exists?
Yes, the right to the jury exists for the underlying facts of the damages claim even if it results in an injunction.
What types of claims trigger the right to a jury trial?
The cause of action can be analogized to a cause in a 1791 common law court.
Who can exercise the right to a jury trial?
Any single party in a lawsuit.
How can a party demand a jury trial?
Step 1: File a written demand within 14 days after the last complaint or answer;
Step 2: Serve to other parties.
What is the range for jury sizes?
6-12 members.
What is the process by which juries are selected?
Voir Dire.
What is a juror challenge for cause?
During voir dire, any party may ask the court to dismiss a potential juror because the juror is unfit to serve due to bias.
How many challenges for cause does each side have?
Unlimited.
What is a peremptory challenge?
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.
How many peremptory challenges does each party get?
Each party has 3 challenges.
If a peremptory strike gives rise to an inference of racial or gender discrimination, the moving party required to do?
Provide a non-discriminatory explanation for the strike or withdraw the strike.
When can a party propose jury instructions?
No later than the close of all evidence.
When can a party object to a jury instruction?
Objections must occur before the jury deliberations begin.
By default, jury verdicts must be?
Unanimous; however, the parties can stipulate other arrangements.
What is a general verdict?
The court may direct the jury to return a general verdict where a jury’s verdict only states that π or ∆ wins.
What is a special verdict?
The court may direct the jury to answer specific questions of fact in their verdict.
What is a general verdict with specific questions?
The court may order the jury to return a general verdict and also to answer specific questions.
If the verdict and answers to the questions are inconsistent, what can the judge do?
- Order a new trial;
- Order jury to redeliberate; or,
- Order answer consistent with questions.
What are the requirements for findings on bench trials?
If a claim is tried before a judge rather than a jury, the court must:
- Find the facts specially: the court must state its finding with regard to facts in dispute; and,
- State its conclusions of law separately.
When can a judge enter a partial judgment?
A court can enter judgment on one claim without entering judgment on other claims if:
- A party has been fully heard on an issue; and,
- The court determines that the party lacks sufficient evidence to prevail on a particular claim.
When is a motion for a judgement as a matter of law appropriate?
- The party against whom the judgment is entered has been fully heard on an issue;
- 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.
What is a renewed motion for judgment as a matter of law?
If a party files an unsuccessful motion for a 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.
What is needed to file a renewed motion for judgment as a matter of law?
An original motion for a judgement as a matter of law during the trial.
