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CIVIL PROCEDURE CLASS 26. Professor Fischer Columbus School of Law The Catholic University of America October 24, 2003. MOTION FOR JUDGMENT AS A MATTER OF LAW. Also called “directed verdict” Compare to summary judgment motions. PENNSYLVANIA RR v. CHAMBERLAIN (1933). HYPO.
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CIVIL PROCEDURE CLASS 26 Professor Fischer Columbus School of Law The Catholic University of America October 24, 2003
MOTION FOR JUDGMENT AS A MATTER OF LAW • Also called “directed verdict” • Compare to summary judgment motions
HYPO • Assume that Bainbridge claimed to be standing right next to where death occurred and testified to having directly witnessed the collision, but D presented 25 witnesses, including a busload of visiting priests, who contradicted Bainbridge’s story. • Should the court direct a verdict for the RR?
COMPARE DIRECTED VERDICT AND SJ MOTIONS • Why are courts often more reluctant to grant summary judgment than judgment as a matter of law under Rule 50(a)?
IS A DIRECTED VERDICT CONSTITUTIONAL? • The Seventh Amendment to the U.S. Constitution provides:In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
IS A DIRECTED VERDICT CONSTITUTIONAL? • The U.S. Supreme Court has ruled that the use of a directed verdict motion does comport with the Seventh Amendment (Galloway v. U.S. , 319 U.S. 372 (1943)).
IS A DIRECTED VERDICT CONSTITUTIONAL? • Why? Because the Seventh Amendment just PRESERVES the right to trial by jury where originally available in suits at common law (as at 1791 – date of Seventh Amendment’s ratification), and, according to the Supreme Court, common law historically had a procedure by which judge could determine that the evidence was insufficient for the jury to consider it. • We’ll consider the right to jury trial in civil actions in greater detail later
Rule 40: Assignment of Cases for Trial • District court can formulate its own rules for placiing cases on the trial calendar
FACTFINDER • The factfinder in a civil trial can be either a jury or the court (the judge). • We will later learn the rules for when there is a right to civil jury trial under the Seventh Amendment • Sometimes judge uses an advisory jury whose views are not binding like a regular jury. • What is the smallest possible size for a jury in a federal civil action? What’s the applicable rule?
JURY SELECTION: BIG PICTURE • Jury procedures attempt to uphold the constitutional guarantee in the Due Process Clause that all civil litigants shall have a fair trial • This requires a fair and impartial jury.
VOIR DIRE (FRCP 47) • What’s a voir dire? • Who conducts the voir dire? • What are the two types of challenges that can be made to jurors in federal court? When can each be made? How many such challenges can be made?
Number of Challenges • Challenges for Cause: unlimited (Rule 47(c ) • Peremptory Challenges (Rule 47(b) and 28 U.S.C. § 1870) 3 for each party (generally) – see CB p. 456
Race and Peremptory Challenges • Can a peremptory challenge be used to exclude a juror on the basis of race? • Cite authority for your answer.
Challenging Peremptory Challenges (Batson test) • What should a party/attorney do if s/he believes that a peremptory challenge is based on race? • Is the Batson test effective?
Batson Rule Extended to Gender-Based Peremptory Challenges • In J.E.B. v. Alabama, 511 U.S. 127 (1994) (violation of Equal Protection Clause of Amendment XIV) • There is a question as to whether other groups should be entitled to Batson protection (Catholics? Deaf people? Hispanics? etc.)
