Substantive Law - Litigation

Front 1

Identify the situations in which a court may grant a party's motion for a new trial.

Back 1

There are five situations in which a court may grant a party's motion for a new trial:
1. A party received new evidence unobtainable during the trial.
2. The verdict issued by the court was affected by an attorney, a juror, a party, or a witness who acted inappropriately.
3. The court made a judicial error
4. Damages established by a verdict are unreasonably low or unreasonably high, considering the nature of the offense and/or the legal limits that have been established for damages related to that type of offense.
5. It is apparent that a verdict was issued in spite of the evidence or issued based on faulty evidence.

Front 2

Define the following terms:
1. General Verdict
2. Hung Jury
3. Special Verdict

Back 2

A general verdict is a court decision in which a judge or a jury states that the court is ruling in favor of the defendant or that the court is ruling in favor of the plaintiff.
2. A hung jury means the jury cannot issue a verdict because unanimous decision is required and they are unable to come to a consensus (complete agreement) regarding how the case should be decided.
3. A special verdict is a court decision in which a jury describes the situation that occurred in the case as they understand it, and ask the judge to use his or her knowledge of the law to issue a decision based on those facts.