Judges and Juries
Broadly speaking, a judge must disqualify him/herself in a proceeding when this happens
His/her impartiality might reasonably be questioned
The party that bears this has to convince the decision maker, and they lose in the event of a "tie," and
The party that bears this has to add new information to avoid losing, and most will provide evidence for each element in doing so.
Burden of Persuasion
Burden of Production
50(a) motions are made at this time
After the nonmoving party has been fully heard during jury trial but before the case is submitted to the jury for deliberation
If you did not move for 50(a), then you [blank] move for 50(b)
CANNOT
This rule tells you when a party may ordinarily appeal a decision
Final Judgment Rule
This is how you get a jury trial
Demand it: serve a written demand on other party (can include in pleadings) no later than 14 days after the last pleading is served, and is done so in accordance w/ 5(d)
This results in the dismissal of a claim or defense so long as the movant can show there is no genuine issue of material fact
Summary Judgment
The judge does this during a 50(a) motion
Determines whether a reasonable jury would have a legally sufficient evidentiary basis to find for the nonmoving party
50(b) motions are made this way and are generally [blank] detailed than 50(a) motions
Written
More-detailed
These are the 5 main standards of review
De Novo (review anew)
Clear Error (review findings of fact by lower court looking for clearly erroneous findings)
Plain Error (similar to clear error)
Abuse of Discretion (reviewing lower court decisions that deal w/ the judge's discretion, like sanctions in a discovery dispute)
Arbitrary + Capricious (reviewing decisions from Fed Agencies)
You get 3 [blanks] during Voir Dire that the judge must allow, and you only have to justify them if [blank]
- Peremptory Challenges
- There is an unlawful pattern developing (striking all women, POCs, etc.)
If the party with the burden of proof establishes [blank], but other party does nothing, the other party [blank]
- Prima facie case
- Loses
50(a) motions can be made in this way and are generally [blank] detailed than a 50(b)
- Orally
- Less
28 days after judgment is entered
These are the corresponding levels of Deference paid to lower courts based on the respective review standard
De Novo - No deference. Reviewing it as though its the first time. If its an issue of law on appeal-->always reviewed De Novo
Clear Error - SOME deference paid, but should be affirmed unless lower court action was clearly erroneous
Plain Error - More deference paid than clear error.
Abuse of Discretion - Even more deference paid to lower court because they're the ones who see ALL the arguments/litigation, and the decision is ultimately up to that judge (e.g., granting a discovery extension).
Arbitrary + Capricious - Most deference
If the jury demand is not properly served/filed, this happens
The right to jury trial is WAIVED
All [blank] are drawn in favor of the nonmovant, who must then show more than [blank] as to the material facts to establish a GIMF.
- Justifiable Inferences
- Metaphysical Doubt
The judge does NOT do these 2 things during a 50(a) motion;
Instead they do these 2 things
- make credibility determinations on witnesses; or
- weigh the evidence
- Categorize the evidence; and
- determine if there is substantial evidence from which a reasonable jury could find for the nonmoving party
Unlike 50(a) motions, these can be attached alongside a 50(b) motion
Joint or alternative request for New Trial (Rules 50c + 59)
These special appeals can be made in limited circumstances and only by certain parties
Interlocutory Appeals (Reise v. Board of Regents)
These five circumstances are also instances that disqualify a judge
- Judge has persronal bias/prejudice against a party
- In private practice, the juddge served as a lawyer in the matter in controversy
- Where judge has served in gov't employment as counsel, advisor, material witness to the proceeding or expressed opinion about the merits of a particular case in controversy
- Judge knows that he/she, their spouse, minor child residing in household, has financial interest in the subject matter or is a party to the proceeding (or interest that could be substantially affected by the proceeding's outcome)
- Judge or spouse/close relative is a party to the proceeding, acting as lawyer in it, known to have an interest affected by outcome, or is likely to be a material witness to it.
If the movant offers [blank] evidence, but the nonmovant offers [blank] evidence, the [blank] loses because it does not create a [blank]
- Specific
- General
- Nonmovant
- Metaphysical Doubt
If there is only a [blank] in favor of plaintiff, and plaintiff has the burden of [blank], then JMOL is appropriate for [blank]
- Scintilla of evidence (PA Railroad)
- Persuasion (proof)
- Defendant
You CANNOT do this on Appeal if you did NOT make a 50(b) motion preserving the issue.
Challenge the sufficiency of the evidence (Unitherm)
These 3 rules detail big exceptions to the Final Judgment Rule (hint: 1 FRCP, 2 statutes)
54(b) - Multiple Claims or Parties
28 USC § 1292(a) - Interlocutory appeals as of right
28 USC § 1292(b) - Discretionary interlocutory appeals (must convince both appellate and trial court to allow appeal)