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SJ MOTIONS The Paperwork

SJ MOTIONS The Paperwork . The Caption & the Cause Number The court’s filing system The Record The only facts the judge considers What the lawyers provide. WHERE WE ARE & WHAT WE’RE DOING. Pleading Pre-trial Trial & Post-trial Judge/jury relationship Appeal.

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SJ MOTIONS The Paperwork

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  1. SJ MOTIONSThe Paperwork • The Caption & the Cause Number • The court’s filing system • The Record • The only facts the judge considers • What the lawyers provide

  2. WHERE WE ARE & WHAT WE’RE DOING • Pleading • Pre-trial • Trial & Post-trial • Judge/jury relationship • Appeal

  3. TRIALControlling the Jury • Judgment as a Matter of Law • Rule 50(a) • Formerly “Directed Verdict”

  4. SKILLSReading Rules: FR 50(a) • (1) If • during a trial • by jury • a party has been fully heard on an issue • and • there is no • legally sufficent evidentiary basis • for a reasonable jury • to find for that party on that issue • the court may • determine the issue against that party • and may • grant a motion for • judgment as a matter of law • against that party • with respect to a claim or defense • that cannot under the controlling law • Be maintained or defeated • Without a faorable finding on that issue.

  5. SKILLSReading Rules: FR 50(a) • (2)Motions • for judgment as a matter of law • may be made • at any time • before submission of the case to the jury. • Such a motion shall specify • the judgment sought • and • the law and the facts • on which the moving party is entitled to judgment.

  6. TRIALControlling the Jury • Penn. RR v. Chamberlain, p. 724 • Note 2a • Same decision if • Pl’s W Bainbridge – 10 ‘ away • 26 unbiased W’s contradict?

  7. TRIALControlling the Jury • Penn. RR v. Chamberlain, p. 724 • Note 2a • Same decision if • Pl’s W Bainbridge - 10 ‘ away • 26 unbiased W’s contradict? • Uphold directed verdict if • Defense rested w/out putting on evidence?

  8. TRIALControlling the Jury • Penn. RR v. Chamberlain, p. 724 • Better case for pl?

  9. TRIALControlling the Jury • Penn. RR v. Chamberlain, p. 724 • Better case for pl • Potential bias of all defense W’s • Ee’s of def – may fear firing • Evil RR or • Own negligence • Speed & distance of 2 strings • 1st 8-10 mph, then slowed • 2nd faster, then increased to 3x as fast • 4-5 cars (200 ft) • Chamberlain • Experienced yard man • Unlikely to fall • Crash • Extra-loud • Caught B’s attention

  10. TRIALControlling the Jury • Pennsylvania RR v. Chamberlain, • p. 724 • Evidence v. inferences • “Mere scintilla” v. “substantial proof” • Credibility • Opportunity to observe v. bias • Finding facts v. applying law to facts

  11. TRIALBlack Letter Law - JML • What evidence considered? • All evidence favorable to pl. • All inferences fr. pl’s evidence • All undisputed evidence • What about def’s evidence? • Prevailing federal rule • Consider all evidence • Including evidence unfavorable to non-moving party

  12. TRIALBlack Letter Law - JML • Test for evaluating evidence? • “Mere scintilla” v. “substantial evidence” • Opposed to the motion • Prevailing federal rule • “substantial evidence”

  13. TRIALControlling the Jury Flow of Information Law of Evidence Instruct the Jury Exclude Improper Influences (Voir dire, etc.) Judge Comment on the Evidence

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