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27 Cards in this Set
- Front
- Back
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new trial
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Can be granted any reasons allowed by law. 1. judicial error 2. prejudicial behavior by the parties 3. prejudicial behavior by the jurors 4. weigh of evidence is so that a jury could not have made the decision 5. excessive or inadequate verdict 6. freshly discovered evidence
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judgment as a matter of law
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there is not sufficient evidentiary support for a reasonable jury to make that decision
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7th ammendment
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guarantees a right to a jury trial for federal
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legal remedy
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origins of a claim, remedy sought, and practical abilities and limitation on jury
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Federal and California the court must try equitable and legal remedies in what order
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california equitable first, fed legal first
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waiver of jury trial
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when there is not a demand
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rule 38
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requires the demand be made in writing at any time after the commencement of the action and no later than 10 days after service of last pleading to such issue
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voire dire
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is a precess by which a jury is selected and it is intended to expose interest of venire member that would disqualify them for the cause
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number of preemptory challenges
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3 in federal court 6 in stae
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rule 48
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must have no less than 6 and no more than 12
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special verdict
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a jury answers a serious of short answers without rendering a verdict that the judge enters the verdict
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jury instruction
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the court may give instructions that are necessary for the jury to make its fixing on each submitted issue
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summary judgment
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must prove there is not genuine dispute as to any material fact and is entitled to judgment as matter of law
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what does the defendant have to prove summary judgment
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must either show that the party can not establish every element of their case or that there is an affirmative defense
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plaintiff burden of proof
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has to show that they can prove their the essential elements of their whole case and there is no defense
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Burden of proof
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moving show the above
non moving has to show that re is a dispute(genuine dispute) 1. discoverable information affidavits (in federal court not necessary) a. California (affidavits are necessary) |
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time requirement for summary judgment
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1. until 30 days after close of all discovery
2. in california it is 75 days prior to date of hearing, 14 days before |
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3 different challenge for cause
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general disqualification if the juror incompetent, implied bias and express bias challenge
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voluntary dismiss
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the party can dismiss the action before the party answers or before summary judgment or if all party stipulates to an agreement
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involuntary dismissal
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the party can move to dismiss for failure to prosecute, failure to obey orders, or for other reasons
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California involuntary
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are prosecuted user diligent prosecution statutes.
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involuntary dismissal
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can occur if the plaintiff fails to complete service of complaint and to bring action to trail within applicable deadlines
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mandatory dismissal
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5 years for case getting to trial
3 years for notice |
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discretionary dismissal
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3 years for not getting into trail
2 years for not serving |
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zagano rule 41
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a. The plaintiff’s diligence in bringing the motion
b. Any “undue vexatiousness” on the plaintiff’s part c. The extent to which the suit has progressed, including the defendant’s efforts and expense in preparation for trial d. The duplicative expense of relitigation e. The adequacy of the plaintiff explanation for a need to dismiss |
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voluntary dismissal by courts orders elements
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Nature and complexity of the case. 2. The extent of any settlement negotions 3. The plaintiffs diligence in serving. 4. The nature any delays attributable to party.
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renewed judgment
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conditionally grant a new trail
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