Jury Selection - Civil Procedure - Lecture Slides, Slides of Civil procedure

These are the lecture slides of Civil Procedure. Key important points are: Jury Selection, Directed Verdict Rule, Impartial Jury, Voir Dire, Size of Jury Rules, Seventh Amendment, Ratification, Common Law, Usual Procedure, Opening Statement

Typology: Slides

2012/2013

Uploaded on 01/26/2013

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WRAP-UP
Last time we studied rules that attempt to ensure a
fair and impartial jury:
1. Directed verdict rule: 50(a) takes the case away
from the jury where no reasonable jury could find for
non-moving party. This rule seeks to avoid totally
irrational verdicts.
2. Jury Selection/Voir Dire/Size of Jury Rules: try to
ensure a fair and impartial jury is drawn from a cross-
section of the community
We also learned that the Seventh Amendment
PRESERVES a right to trial by jury where this existed at
common law at the time of ratification of that
Amendment (1791).
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WRAP-UP

  • Last time we studied rules that attempt to ensure a fair and impartial jury:
    1. Directed verdict rule: 50(a) – takes the case away from the jury where no reasonable jury could find for non-moving party. This rule seeks to avoid totally irrational verdicts.
    1. Jury Selection/Voir Dire/Size of Jury Rules: try to ensure a fair and impartial jury is drawn from a cross- section of the community
  • We also learned that the Seventh Amendment PRESERVES a right to trial by jury where this existed at common law at the time of ratification of that Amendment (1791).

CIVIL JURY TRIALS

  • Describe the usual procedure at trial

BENCH TRIALS

  • Less formal procedure than jury trials
  • Often, the judge does not require/permit

opening statements or closing arguments.

Why do you think this is the case?

  • Obviously, there is no need for jury

instructions in a bench trial!

EVIDENCE

  • Types of evidence include:
    1. Deposition testimony
    1. Documents
    1. Other relevant items
  • Elaborate rules of evidence apply to determine

what is and what is not admissible

  • There are Federal Rules of Evidence
  • Many states follow these federal rules

BIG PICTURE: Judicial Control of Juries

in Jury Trials-

    1. Jury Instructions
    1. Special Verdicts
    1. Bifurcation/Trifurcation
    1. Remittitur/Additur
    1. J.N.O.V.
    1. Order for New Trial
    1. Order to Vacate Judgment

JURY INSTRUCTIONS (Rule 51)

  • What is a jury instruction?
  • When are jury instructions given?

VERDICTS

  • What is a general verdict?
  • What is a special verdict? SEE FRCP 49
  • What is a general verdict with interrogatories? SEE FRCP 49
  • What are the advantages and disadvantages of special verdicts?
  • Sometimes the judge polls the jury to make sure the verdict is agreed on by the required number of jurors
  • How many jurors must agree on the verdict in federal court? SEE FRCP 48

JURY DEADLOCK

  • What happens if the jury cannot agree on a

verdict?

REMITTITUR/ADDITUR

  • What is remittitur?
  • What is additur?
  • Is remittitur constitutional? Why or why not?
  • Is additur constitutional? Why or why not?

IS A J.N.OV. CONSTITUTIONAL?

  • Remember Amendment VII: “ No fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of common law.
  • The U.S. Supreme Court has held that there was a common law analogue to the directed verdict but no DIRECT common law analogues for the j.n.o.v.
  • So is a J.N.O.V. constitutional? Why or why not?

NEW TRIAL MOTIONS

  • FRCP Rule 59
  • You should know the time limits for making a motion

for a new trial. Can a judge grant a new trial on its own initiative? In what circumstances? What time limits apply? See FRCP 59(d).

  • What are the grounds for granting a motion for a

new trial?

GROUNDS FOR GRANTING A NEW

TRIAL INCLUDE:

  • Judge realizes he mistakenly admitted evidence over

correct objection

  • Newly discovered evidence
  • Judge realizes she wrongly instructed jury over

correct objection (see FRCP 51)

  • Verdict against the weight of the evidence
  • Excessive/inadequate verdict (see remittitur/additur

above)