Litigation in Federal Court
Trial — Juries and Verdicts
Right to Jury
7th Amendment: Civil Jury Trial Right
• Protects the right to jury in common law actions exceeding $20.
• Re-examination Clause: No fact tried by a jury can be reexamined by any court except as allowed by common law.
• Mixed Claims of Common Law and Equity: can be heard together before a jury. The court should hear the common law issues first, then move to the “after effects” involved with the equitable claims; don’t let judge get in front of common law claims.
FRCP 38(b): Demand
Written demand for a jury must be filed by the party within 14 days of the last pleading on the issue.
Jury Instructions
FRCP 51(b): Requirements
Jury instructions must be accurate and not confusing or misleading. They must also:
[1] inform the parties of the proposed instructions.
[2] provide an opportunity to object.
[3] instruct the jury at any time before discharge.
Jury Verdicts
FRCP 49: Types of Verdicts
[1] General Verdict
Who won? How much?
[2] Special Verdict
May require special written finding on each issue of fact.
[3] General Verdict with Written Questions
Results in:
• [1] Consistent Verdict and Answers: Judgment Issued
• [2] Inconsistent Verdict and Answers: Answers Control; Deliberate (possibly order new trial)
• [3] Inconsistent Verdict and Contradictory Answers: Deliberate Answers, (possibly order new trial)
FRCP 50: Judgment as a Matter of Law
[1] Directed Verdict (before jury verdict)
• Standard of Review: Summary Judgment
[2] JNOV (after jury verdict)
• Standard of Review: Summary Judgment after 50(a)