Trial

Front 1

Right to Jury Trial in Fed Court

7th Amendment

Back 1

preserves jury trial right existing in 1791

Front 2

Right to Jury Trial

Back 2

Common Law= RIGHT to jury trial

• most money damage cases
• ejectment
• replevin

Front 3

NO Right to Jury Trial

Back 3

Equity Law = NO right to jury trial

• Injunctions
• Specific Performance
• Reformation
• Rescission
• Accountings
• Disgorgement

Front 4

When cases involve BOTH legal & equitable claims:

Back 4

First: legal claims tried to the jury

Second: judge hears equitable claims

(judge bound by jurys common fact determinations)

Front 5

Choosing Juries

Rule 48

Back 5

Rule 48

Front 6

Choosing Juries

Rule 48

Back 6

Rule 48:

• 6-12 ppl sit on fed. juries
• Unanimous jury verdict required (unless parties stipulate otherwise)

Front 7

Choosing Juries

28 USC 1861

Back 7

• Jury selection pools are to representfair cross sections of the community – 28 U.S.C. §1861

-Specific protection for race,color, religion, sex, national origin, and economic status

-To challenge jury pool, must do sobefore voirdire (or 7 days after could have discovered the problem)

Front 8

Challenging Jurors: For Cause

Back 8

• Challenges for Cause (unlimited #)

-actual or presumed bias (related to party)

- Judge must press for unequivacol answer that jury would be impartial or partial

Front 9

Challenging Jurors: Peremptory Challenges

Back 9

• 3 per side
• Use limited by Batson/Edmunson/JEB

Front 10

Batson/Edmunson/JEB

Limits on Peremptory Challenges

Back 10

1)Primafacie case of pattern based on race/gender

2)Otherside then must justify on race/gender neutral explanation

Front 11

Challenging a Verdict based on inaccurate void dire answer by a juror

Back 11

1. juror failed to answer honestly a material question on void dire, and

2. correct response would've provided bases for a challenge for cause

Front 12

Challenging JUDGES

judge should "disqualify" himself when:

Back 12

disqualify himself in any preceding in which his impartiality might be reasonably questioned

Front 13

Controlling Juries

Back 13

1. Jury Instructions

2. Exclude Improper influences

3. Jury Size & decision rules

4. Judgment as a matter of law

Front 14

RULE 50a

Back 14

Judgement as a Matter of Law (JML)

Front 15

Judgement as a Matter of Law

Rule 50a

Back 15

a reasonable jury would not have a legally sufficient evidentiary basisto find for the party on that issue

Front 16

Judgement as a Matter of Law

Rule 50

At close of P's case, D moves....

Back 16

is there is not sufficient legal evidentiary basis for P to meet burden of production = grant JML

(could be same arguments made in SJ)

Front 17

Judgement as a Matter of Law

Rule 50

As close of all evidence, P or D moves....

DENY IF:

Back 17

Deny JML if:

-substantial evidence of such weight and quality that a reasonable jury might reach different conclusions

Front 18

Judgement as a Matter of Law

Rule 50

As close of all evidence, P or D moves....

GRANT IF:

Back 18

Grant JML if:

-evidence so overwhelmingly favors one party that a reasonable jury could not reach contrary verdict

Front 19

Judgement as a Matter of Law

Rule 50

Notes

Back 19

• has to be before case is submitted to jury
  

• not supposed to weigh evidence or credibility judgments

• can move for partial JML

Front 20

Rule 50b

Back 20

RENEWED Judgment as Matter of Law

Front 21

RENEWED Judgment as Matter of Law

Rule 50b

Back 21

Torenew, must make motion for JML before case submitted to jury and then filerenewed motion for JML within 28 days after entry of judgment

Front 22

Inruling on the renewed JML, the court may:

Back 22

1)allowjudgment on the jury’s verdict;

2)ordera new trial; of

3)directthe entry of judgment as a matter of law.

Front 23

Why allow Renewed JML?

Back 23

Preserves jury verdict and

Avoids retrial if grant of JML is laterreversed on appeal

Front 24

RULE 59

Back 24

NEW TRIAL

Front 25

New Trial

Rule 59

Back 25

move for a new trial within 28 days after judgment entry

(court on its own may order new trial w.i. 28 days but must specify reasons)

Front 26

2 Reasons for Granting New Trial:

Rule 59

Back 26

1. Flawed Procedure

-problems with opening/closeing statements

- problems with jury instruction

-problem with disclosure of evidence

2. Flawed Verdict

-case where evidence is so strong towards one side that could not possible have found otherwise

Front 27

New Trial Motion alleging FLAWED VERDICT (STANDARD)

Rule 59

Back 27

Miscarriage of Justice:

-seriously erroneous result

-must look at evidence & determine if jury made a serious error in reviewing evidence

Front 28

New Trial

Conditional Rulings (granting Renewed Motion)

Rule 59

Back 28

• if court grants renewed motion for JML, it must also conditionally rule on any motion for a new trial by determining whether a new trial should be granted if judgment is later vacated/reversed

• CONDITIONALLY, granting the motion for new trial does NOT affect judgments finality.

Front 29

Denial of JML and Denial of New Trial are

Immediately Appealable

Back 29

Immediately Appealable

Front 30

Partial New Trial Limited to Damages

Back 30

-Remittitur (new trial unless P accepts reduced compensatory damages)

-Additur (rare, violates 7th am. bc making award that no jury has ever made)