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Jury Trial Analysis

Const'al Rt.

1) 7th Amend. doesn't bind states

2) Ez'ly waivable Const'al rt.

3) Not matter if unfair b/c Const'al rt.

4) Can appeal by §1292)b 4 quest. of law if denied jury trial b/c as Const'al rt., can't B harmless error

5) No Const'al rt. 2 sue US as sov. / US as D

6) Yr. 1791 still has some meaning & applies only 4 C/L

Cong'al Pwr

1) Cong'al statute 4 jury trial can bind states by Sup Clause

2) Cong. can take cases from ord. ct. & put it in tribunal / adm. cts where 7th amend. doesn't apply but limit such cases 2 govt'al involvement

3) Cong. can delegate judge 2 det. civil penalties & jury 2 det. liab. by statute

4) Statutory jury trial > Const'al jury trial

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Jury Trial in C/L

1) $ damages (punitive & compensatory) except 4 restitution is C/L

2) Decl. jgmt

3) Compulsory counterclaim

4) Statutory C/A

5) Acct'ing

6) Merit claims of class & derivative axns

7) Bankruptcy if creditor didn't file claim & dep's on claims

8) As long as not 2 complicated, modernly have expanded C/L suits 4 jury trial rt.

Judge Trial in Equity

1) In some states, judge trial as Const'al rt. but not in fed.

2) Only when no adeq. remedy @ law

3) Injunction

4) Specif. perf.

5) Initial proceedings 4 class & derivative axns

Ross Footnote Test

1) Pre-merger custom of analogs which isn't imp.

2) Remedy sought which is imp.

3) Pract. abilities & limitation of jury not used

C/L & Equity

1) Jury trial 4 common facts of both legal & equit.

2) Jury trial if there's ANY aspect of legal, however incidental, in the case

Rt 2 Jury Trial Not Conflict w/Giving Dir'ed Verdict


New Trial, Appellate Review, & Claim & Issue Precl. Analysis

Practical Concerns of Reducing Case Loads

1) New trial motions R discretionary, nonfinal, & denial is rarely overturned w/strict & short X reqt

2) If forego appeal as of rt / unX'ly, forever waived the rt 2 appeal

3) Can only appeal final jgmts, injunctions, quest. of law by writ of mandamus, / Cohen exceptions

4) Goal 2 have 1 appellate review 4 everything

5) Jgmt takes over C/A 2 merge / bar claims

Rule 60 Implications

1) If can't file 4 new trial motion (Rule 59) by 10 days, then use this rule

2) But it doesn't suspend anything 4 purposes of appeal

3) Can invoke this rule 4 fresh jgmt which means all the good & bad part of 1st ruling will B thrown away

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Rule 50 v. Rule 59

1) P has lwr evid. in Rule 50 than in Rule 59

2) Judge can't doubt testimonies 4 Rule 50 but can 4 Rule 59

No New Trial

1) If harmless error

2) If remittitur accepted by P where P accepts lwr amt 4 jgmt

3) If unX'ly motion under Rule 59 & can't get in by Rule 60

4) Can't impeach jury 4 new trial if fails the prongs of [1] lying & [2] affecting partiality

Final Jgmts 4 Appeal

1) Granting of sum jgmt & if Rule 54)b, must meet express det. reqt's

2) Have 30 days 2 appeal & another 30 days 4 negligible excuse

Nonfinal Jgmts 4 Appeal

1) Injunction by §1291)a)1 but not TRO

2) Quest. of law such as jury trial by §1292)b

3) Cohen exceptions such as qualified immunity / abs. immunity

Cohen Exceptions Reqt 4 Appeal

1) Not subj 2 revision by Dist Ct / disposes of something

2) Not enmeshed in the merit of the case

3) Unreviewable later on

Suspensions 4 Appeal

1) Rule 60 suspends nothing but Rule 59 does

Res Judicata Effects

1) Only btwn parties & privies

2) Final jgmt merges / bars claims that might have been brought & on actual, imp. issues that were dec'ed

3) Law of 1st ruling holds 4 res judicata if there's collateral attacks

4) Strangers R not bound by res judicata but could use defensive issue precl. & sometimes offensive issue precl. if couldn't intervene 1st X


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