Some Practical Rules for JAML Analysis

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Some Practical Rules for JAML Analysis
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Basic Principles
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• If there is no direct or indirect evidence
  supporting an element, the jury must conclude
  that the element has not been established.

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• If there is conflicting direct evidence regarding
  an element, jury gets to resolve the issue.

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• Unless the other rules dictate a different
  result, if direct evidence and indirect evidence
  conflict, the jury gets to resolve the issue.

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Evidence That Does Not Count
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• The jury must disregard direct evidence
• From a witness who did not have an opportunity to
  observe, or
• That is physically impossible

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• Generally, the jury must disregard a non-expert
  witnesss conclusions (inferences from
  observations).

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Evidence That Must Be Believed
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• Usually, a jury has the right to disbelieve
  direct evidence even without contradictory
  evidence. However . . .

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• The jury must believe direct evidence that is
• unimpeached and
• uncontradicted and
• from a
• disinterested witness or
• a source that cannot reasonably be doubted

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Inferences That May Not Be Drawn
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• If there is evidence of facts from which an
  element could be inferred (rather than direct
  evidence of the element), the jury decides
• whether to believe the facts
• Whether to draw the inference
• Unless no reasonable jury
• could infer the element from the facts (under the
  more likely than not standard)

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Dogs That Do Not Bark
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• If the burdened party could produce evidence on
  a particular factual issue and does not do so, it
  may change the rules as follows

• It may cause the judge to decide that the jury
  has to believe the other sides direct evidence
• even though that evidence has been impeached or
  comes from an interested party.

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• If the burdened party could produce evidence on
  a particular factual issue and does not do so, it
  may change the rules as follows

• It may cause the judge to decide that the jury
  cannot draw a particular inference
• even though that inference would otherwise be
  reasonable.

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Some Procedural Questions
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• When can one file a JAML motion?
• When must one file a JAML motion if one wants to
  file a JNOV (deferred JAML)?
• Why?
• Why is it important to file a JNOV?