Civil Procedure Trial

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Civil Procedure - Trial

• Professor Marc H. Greenberg

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Civil Procedure II - Trial

• FRCP Rule 38 right to trial by jury is
  preserved under the 7th Amendment, not granted.
• Demand for jury trial must be made, for cases
  triable by a jury or the right is waived
• FRCP Rule 39(b) cases not deemed triable by
  jury are tried by the court but the Court has
  the discretion to order a trial by jury as well
• Read Justice Burgers list of problems associated
  with jury trials do you agree with his
  assessment? Should we do away with a jury?

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Civil Procedure II - Trial

• Trial by jury was, historically, limited to
  matters of law. Matters of equity, requiring the
  discretion of a court were triable only by the
  Court.
• Beacon Theatres v. Westover
• What is mandamus to the Court?
• When claims in a case sound in both equity and
  law, is a jury allowed? Should the Court try the
  equity issues, and then a jury try the legal
  ones? The Court here notes that the revised
  Federal Rules allow a single trial of all of the
  issues, equitable as well as legal. The dissent
  worries that this gives too much power to one of
  the litigants to force the case into a jury trial
  by adding a legal counter-claim? True?

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Civil Procedure II - Trial

• Dairy Queen v. Wood the Court rejects a
  determination that a case may not be tried by a
  jury based on the words used to describe the
  action, noting that the nature of the claim is
  what is determinative note also the Courts
  discussion of the complexity argument, and the
  suggestion that Special Masters can help
  alleviate that problem
• Katchen v. Landy The 7th Amendment doesnt bar
  Congress, in creating administrative agency
  dispute resolution systems, from barring a trial
  by jury here based on the equitable nature of
  bankruptcy

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Civil Procedure II - Trial

• Ross v. Bernhard where the right of a
  stockholder to sue raises an issue in equity,
  does this preclude a trial by jury of the
  underlying derivative rights suit? No, says the
  Court, the right to trial by jury isnt forfeited
  where the underlying claim is one of law the
  equitable claim can also be tried to a jury
• Are the measures described as means to address
  the complexity exception adequate?
• In Re Japanese Electronic if the jury cannot
  understand the evidence and the relevant legal
  rules, isnt an erroneous decision likely?

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Civil Procedure II - Trial

• Curtis v. Loether Does the 7th Amendment apply
  to a newly-established Court-based form of
  relief, such as the Civil Rights Act of 1968?
• Does the fact that proceedings under the Act are
  not administrative proceedings affect the result?
  Should it?
• Atlas Roofing v. OSHRC note the rationale used
  by the Court to justify the lack of a jury right
  here the public rights doctrine
• Granfinaciera v. Nordberg applying the public
  rights doctrine to bankruptcy proceedings, but
  finding that a fraudulent conveyance claim is a
  private action, for which a jury can be used.

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Civil Procedure II - Trial

• Chauffeurs v. Terry note that there are two
  claims here one against the employer for
  backpay, and one against the union for breach of
  the duty of fair representation is that
  important?
• Note the problem of trying to find 18th century
  analogies is Justice Brennan right is it time
  to stop rattling through dusty attics of ancient
  writs?
• Is the dissent right having determined that
  this is a suit in equity, should that be the end
  of discussion?
• Peremptory Challenges Edmonson v. Leesville
• The point of peremptory challenges is that they
  need not be based on cause. Can they be based on
  a bias? Does Justice OConnors dissent make a
  valid point? Or should these challenges be
  eliminated?

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Civil Procedure II - Trial

• Order of Trial
• Burden of Proof
• Burden of Production
• Burden of Persuasion whats the difference?
• Opening Statements
• Presenting Evidence
• Admissibility
• Technique of Presentation
• The Role of the Trial Judge
• Closing Argument whats proper?

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Civil Procedure II - Trial

• FRCP Rule 50 Motions for Judgement as a Matter
  of Law
• The 1991 Amendment
• Galloway v. U.S. Neely v. Martin Rule 50
  doesnt violate the 7th Amendment
• Grounds for Granting a Rule 50 Motion
• Denman v. Spain is this decision based on the
  facts of the case, or on an emotional response?
  How should cases like this be handled?
• Kircher v. Atchison can this be reconciled with
  Denman?

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Civil Procedure II - Trial

• Rogers v. Missouri Pacific if any valid reason
  exists to support the jurys decision, the Court
  should not overrule that decision.
• Hartwig v. Kanner conversely, a directed
  verdict is appropriate where no evidence to
  support a contrary verdict is presented, and
  appellant cannot show a different result would
  have followed had Hartwig done a better job on
  the stand.

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Civil Procedure II - Trial

• Challenging Errors New Trial FRCP Rules 59
  61
• Note the Minnesota rules grounds
• Note the difference between harmless error and
  error that would significantly affect the outcome
  at trial
• Consider the strategic issues behind the decision
  to seek a new trial
• Incoherent Jury Verdicts Magnani v. Trogi, Robb
  v. Hickey

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Civil Procedure II - Trial

• Kramer v. Kister notable because it lets us
  understand that juries have it good today no
  longer are they deprived of food, drink, fire or
  light, nor can they be carried round the
  circuit, from town to town, in a cart!
• Sequestering juries pro and con.
• Jury misconduct affidavits may now be used to
  prove their misconduct
• Hukle v. Kimble is there really anything wrong
  with a quotient verdict?
• Should any one involved in the case be able to
  communicate with jurors, in any way?

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Civil Procedure II - Trial

• New trial because the verdict is against the
  weight of the evidence
• Aetna v. Yeatts, Marsh v. Illinois, Dyer v.
  MacDougall, Bowditch v. Boston, Dyer v. Hastings,
  In re Greens Estate.

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Civil Procedure II - Trial