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18 Cards in this Set
- Front
- Back
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i) Mansfield Rule
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Juror affidavits are inadmissible for the purpose of impeaching their verdict
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b) Rule 606(b) of Federal Rules of Evidence
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i) Juror testimony or affidavit may not be used to impeach the verdict, except where it concerns extraneous prejudicial information or any outside influence improperly brought to bear on the jury.
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d) Iowa Rule
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i) Jurors can testify about:
(1) Quotient Verdict (2) Agreement to disregard unaninimity requirement (3) Verdict by chance (flipping a coin) (a) Testimony about these would not be allowed under 606(b) |
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Rule 56
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(a) In Summary Judgment (unlike motion to dismiss, where statements in complaint are taken as true), a party may show that there is admissible evidence to support the allegations made and call for a similar showing by the opposing party. The judge will not try to decide a factual dispute when each party has presented evidence on an issue, but if it becomes clear that one party cannot possible prove his allegations, there in no “genuine issue”, and a pointless trial can be avoided by granting the motion.
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d) Rule 51
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Instructions to the Jury
b) Need to object to improper jury instructions or you can’t appeal based on the mistake |
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c) Rule 51(d)(2)
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i) Can appeal on improper jury instructions even with no objection if error is plain and it affects a substantial right
ii) At courts option to review, parties do not have a right |
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a) General Verdict
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i) “We find for P with X damages” or “We find for D”
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b) Special Verdict
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i) Judge asks jury to answer questions about the facts. The Judge then applies the facts as found by the jury to the law.
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c) General Verdict with Interrogatories
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i) Jury returns a general verdict with answers to certain questions about the facts. If the answers are not consistent with the general verdict, the answers control. i)
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i) “Dynamite Charge"
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(1) Usually given to a jury that is unable to reach a unanimous verdict after a substantial period of time.
(2) Basically says, if you’re the guy who is the hold-out, listen to the majority with “a disposition to be convinced” – try to see things from their point of view and see if you can agree |
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i) Rule 49
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b) Form of the Verdicts
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a) Rule 52
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Rule 52(a) requires judge to finds facts and state conclusions of law, sufficient to indicate the basis of his decision. Judge didn’t do that here – didn’t make any findings, only signed D’s. Judge is allowed to ask parties for proposals, but this flies in the face of 52(a) – purpose is to see judge’s reasoning, can’t when he doesn’t reason.
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1) Rule 48
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Number of Jurors; Verdict
a) Jury must initially have at least 6 and no more than 12. All jurors must participate in the verdict unless excused under 47(c). Unless the parties stipulate, the verdict must be unanimous and must be returned by at least 6 jurors. |
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2) Rule 49
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Special Verdict; General Verdict with Questions
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Special Verdict;
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i) Court may require jury to form a special written finding on each issue of fact
ii) Must give instructions to enable the jury to make the findings iii) A party waives its right to a jury trial on any issue of fact raise in evidence but not submitted to the jury, unless it demands the issue be submitted before the jury retires. If the party does not demand it, the court may make a finding on the issue. |
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b) General Verdict with Answers to Written Questions
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i) Court may ask for general verdict and answers to specific questions of fact.
ii) When verdict and answers are consistent, court must enter judgment on the verdict iii) When verdict and answers are not consistent, the court may: (1) Enter a judgment on the answers (2) Direct jury to further consider answers or verdict; or, (3) Order a new trial iv) When answers are inconsistent with each other, court must: (1) Instruct jury to further consider; or, (2) Order a new trial |
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3) Rule 52
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Findings and Conclusions by the Court; Judgment on Partial Findings
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a) Findings and Conclusions
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i) In nonjury trial, court must find the facts specially and state its conlusions of law separately. Must be stated on the record or appear in an opinion
ii) Court must do the same when granting Interlocutory Injunction iii) Doesn’t have to do this when ruling on a motion under R 12 or 56 iv) Master’s Findings must be considered the court’s findings v) A party may later question the sufficiency of the evidence supporting the findings, whether or not they objected to them or requested them vi) Findings of fact must not be set aside unless clearly erroneous |
