D: Law Applied by Federal Courts, Jury Trials, Verdicts and Judgments, Appealability + Review

ERIE v. TOMPKINS

IF a case in federal court sits in diversity, THEN the court applies…
(i) federal law to procedural issues
(ii) state law to substantive issues

RIGHT TO JURY TRIAL

1. When does it apply?

2. How does a person demand for jury trial?

3. Legal and Equitable Claims in the Same Case

1. when the amount in controversy exceeds $20

2. (i) serve the other parties
   (ii) in writing
   (iii) “no later than 14 days after the last pleading directed to the issue is served”
   (iv) demand is filed w/ the court

3. IF a case involves both legal claims (eligible for a jury trial) and equitable claims (not eligible for a jury trial), THEN the court (if feasible) must hold a jury trial on the legal claims before holding a nonjury trial on the equitable claims.

VOIR DIRE

1. How many peremptory challenges does each party get?

2. How many challenges for cause does each party get?

1. 3 for each side, for any reason (except race or gender)

2. unlimited

What is the procedure for challenging discriminatory use of a peremptory strikes?

• First, the challenger must show a “pattern” of discriminatory peremptory strikes.

• Second, the other party must give a “facially neutral” explanation for the strikes.

• Third, the challenger must show that this neutral explanation was mere pretext.

JURY INSTRUCTIONS

1. Request for Jury Instructions

2. Objections to Jury Instructions

1. Before or at the close of all evidence, a party may submit proposed jury instructions. After the close of evidence, a party may…

   (i) file requests for issues that could not have been reasonably anticipated earlier
   (ii) filed untimely requests for instructions on any issue, w/ the court’s permission

2. A party must object when it is made aware of the jury instructions by the judge. Otherwise, the party loses its right to object later UNLESS there is a plain error which affects a substantial right.

DEFAULT

1. Definition

2. Motion for Default Judgment

3. Entry of Default Judgment

1. when D fails to file a timely answer with the court

2. After D defaults, P can move for a default judgment arguing that D didn’t have a good enough reason for failing to answer the complaint.

3. IF P’s claim is for a “sum certain,” THEN the clerk must enter a default judgment upon P’s request.
   IF P’s claim is not for a sum certain, THEN only the judge can enter the default judgment after a hearing. And if the defendant has “appeared” in the action, then they are entitled to a 7-days’ notice of the hearing.

TWO-DISMISSAL RULE

IF there are two voluntary dismissals of the same/related claims, THEN the second voluntary dismissal operates as an adjudication on the merits.

TYPES OF JURY VERDICTS

(i) jury of at least 6 votes unanimously, OR
(ii) parties stipulate otherwise

CHALLENGES TO JURY VERDICTS

• After a verdict is returned but before the jury is discharged, the court (upon request OR on its own) may poll the jurors individually.

• IF the poll reveals a lack of unanimity or lack of assent, THEN the court may…

  (i) direct the jury to deliberate further, OR
  (ii) order a new trial

CLAIM PRECLUSION (or RES JUDICATA)

(i) same claims
(ii) same parties
(iii) final judgment

ISSUE PRECLUSION (or COLLATERAL ESTOPPEL)

(i) same issue
(ii) party to be precluded was a party to Lawsuit #1
(iii) actually and necessarily decided

INTERLOCUTORY REVIEW

an appeal in which a ruling by a trial court is appealed while other aspects of the case are proceeding (i.e. review w/o final judgment)

FINAL JUDGMENT RULE

A federal appellate court only has jurisdiction over an appeal from a final judgment on the merits, UNLESS…
(i) collateral issue (e.g. gov’t immunity), OR
(ii) temporary remedy, OR
(iii) interlocutory appeal, OR
(iv) final order w/ multiple parties and claims still pending, OR
(v) order granting/denying JNOV or a new trial

FINAL JUDGMENT

a judgment that…
(i) ends the litigation on the merits (i.e. all claims are resolved)
(ii) leaves nothing for the court to do but execute the judgment

When must an appeal be filed?

within 30 days after entry of the judgment

SCOPE OF APPELLATE REVIEW

• trial judge’s factual findings —> clearly erroneous standard

• trial judge’s legal rulings —> de novo review

• trial judge’s discretionary findings —> abuse of discretion

• jury trial —> appellant must have challenged the sufficiency of the evidence w/ a motion for renewed JMOL or motion for a new trial