Trial by Jury. Very different from the criminal law right to trial by jury!!

Transcription

1 Trial by Jury Very different frm the criminal law right t trial by jury!! The Right t a trial by Jury The right t a jury applies in civil cases In suits at cmmn law, where the value in cntrversy shall exceed twenty dllars This means that suits in equity dn t cme with a jury trial right Thus, equitable remedies, such as an injunctin, are usually rdered by a judge, nt a jury If there is a trial that is a mix f cmmn law and equity, it will get a jury trial at the ptin f the parties, fr the nn-equitable remedies invlved The $20 clause is mdified fr inflatin

2 Trial by Jury (cnt.) Jury Selectin Civil juries usually cntain 6-12 members (plus alternates) Different jurisdictins have different requirements fr a verdict; frm simple majrity t 2/3 t ¾ t unanimus. It may als depend n the type f case During jury selectin, the jurrs must answer a vir dire Each side nrmally gets a certain number f peremptry challenges (ability t strike a jurr withut cause) Each side can challenge a jurr fr cause. If the judge agrees that the jurr is biased r therwise unfit fr the case, the judge can dismiss the jurr; there is n limit t challenges fr cause Challenges (even peremptry) n discriminatry bases (e.g., race) re prhibited

3 1. Plaintiff s pening statement Order f the Trial 2. Defense pening statement (ptinal); s jurisdictins allw the defense t make its pening statement at the beginning f its case 3. Plaintiff s case; Plaintiff calls its witnesses, presents its dcuments thrugh its witnesses, etc. 4. After plaintiff rests its case, the defense can mve fr judgment as a matter f law (als smetimes called a directed verdict) if the plaintiff has nt met his r her burden f prf. This mtin can be made and/r granted in whle r in part (e.g., ne cause f actin may be dismissed etc.) 5. Defense s case; Defense calls its witnesses, presents its dcuments thrugh its witnesses, etc. 6. After the defense rests its case, either party can mve fr a directed verdict based n the evidence. 7. rebuttal by the plaintiff, surrebuttal, etc. if the judge allws it. 8. Clsing statements 9. Jury instructins: The judge decides the law that shuld apply t the case and instructs the jury n the applicable law 10. Jury verdict 11. Pst-trial mtins fr new trial and/r fr judgment ntwithstanding the verdict

4 Burdens f Prf & Standards fr Mtins In a civil case, the plaintiff has t prve every requirement element f each cause f actin. If ne element f a cause f actin is nt prven, the defendant must prevail n that cause f actin. Usually, the burden f prf in a civil case is by the prepnderance f the evidence Fr sme cases, the burden f prf is higher; e.g., by clear and cnvincing evidence

5 Burdens f Prf & Standards fr Mtins (cnt.) Mtins that can end the case: Judgment n the pleadings: Based n the pleadings, ne party lses even if everything his r her pleading says is true Summary judgment: a judgment made prir t trial based n the available dcuments and evidence Directed verdict/ judgment as a matter f law (after a party rests its case): At any pint, in rder the grant a directed verdict, the judge must find that, given the evidence in the light mst favrable t the nn-mving party, n reasnable jury culd cnclude that the nn-mving party culd win the issue!! i.e., there is n triable issue f fact. Judgment ntwithstanding the verdict: A judge can decide, after the verdict that, n reasnable jury culd have reached the cnclusin that the jury reached (the jury was unreasnable) S, why deny the mtin befre the verdict and then grant JNOV?? New Trial: In a civil case, after the verdict, the judge can rule that the verdict was against the weight f the evidence and rder a new trial. Judges use this methd t decrease excessive verdicts