Judgment as a Matter of Law - Next Generation Bar Exam

1. Why is additur not permitted in federal court?

   Increasing a jury's damages award would violate the Seventh Amendment right to a jury trial. A federal court may order a new trial on inadequate damages but may not increase them itself.

2. What must a Rule 50(a) motion state?

   The judgment sought and the law and facts that entitle the movant to it. The specificity requirement gives the opponent a chance to cure deficiencies in its proof.

3. What grounds may a renewed Rule 50(b) motion raise?

   Only grounds asserted in the party's pre-verdict Rule 50(a) motion. The renewed motion is a continuation of the earlier motion.

4. Within what time must a party file a renewed motion for judgment as a matter of law under Rule 50(b)?

   Within 28 days after entry of judgment. The court may not extend this deadline.

5. A defendant moves for judgment as a matter of law before submission only on causation, then after the verdict renews the motion on damages. How should the court treat the damages ground?

   Deny it as not preserved by the pre-verdict motion. A renewed motion may not raise grounds that were not asserted before the case went to the jury.

6. Under Rule 50(a), what standard governs judgment as a matter of law?

   A reasonable jury would not have a legally sufficient evidentiary basis to find for the nonmoving party on the issue. The standard mirrors the summary judgment standard, applied to the trial record.

7. When may a party move for judgment as a matter of law under Rule 50(a)?

   At any time before the case is submitted to the jury, after the opposing party has been fully heard on the issue. The motion is commonly made at the close of the opponent's evidence and again at the close of all evidence.

8. Under Rule 50(c), what must a court do if it grants a renewed motion for judgment as a matter of law?

   Conditionally rule on any motion for a new trial, stating the grounds. The conditional ruling takes effect if the appellate court reverses the judgment.

9. What may a party join with a renewed Rule 50(b) motion?

   An alternative request for a new trial under Rule 59. Joining the motions lets the court rule on both in one proceeding.

10. What is remittitur?

    An order granting a new trial unless the plaintiff accepts a reduced damages award. The plaintiff may choose a new trial instead of the reduction.

11. What consequence follows if a party fails to file a post-verdict Rule 50(b) motion?

    The appellate court cannot direct entry of judgment in its favor for insufficient evidence. Without a renewed motion, the trial court never had the chance to rule on sufficiency after the verdict.

12. Under Rule 59, on what ground may a court grant a new trial after a jury verdict?

    That the verdict is against the clear weight of the evidence or would result in a miscarriage of justice. Unlike on a Rule 50 motion, the court may weigh evidence and assess credibility.

13. How does the court view the evidence on a motion for judgment as a matter of law?

    In the light most favorable to the nonmoving party, without weighing evidence or judging credibility. The court must disregard evidence favorable to the movant that the jury is not required to believe.

Study these flashcards