Need help on a FRCP issue that’s confusing me

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Matthies
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Joined: Fri Aug 14, 2009 6:18 pm

Need help on a FRCP issue that’s confusing me

Postby Matthies » Wed Feb 10, 2010 1:34 pm

So I’m studying for the bar exam in 12 days and just took a practice FRCP essay and the answer does not fit with my outline or what I remember from Fed Civ Pro (that was 4+ years ago).

So totally confused: Under the FRCP is a Renewed JMOL (so long as you also made JMOL at trial) within 10 days after verdict the same thing as a JNOV? I said D had to make a JNOV (since he made JMOL at trial) after trial, but answer says D had to make a Renewed JMOL, does not mention JNOV at all? Is this a fed rules thing? Have they got rid of JNOV or is it different from Renewed JMOL is some way I don’t see? Did they get rid of JNOV since I took Fed Civ Pro in like 2005? Also asnwer says you don't need to make JMOL at close of all evidence, just at some point during trial. My notes/outline says must make JMOL again at end of all evidence (at least for D who can go twice, end of P's case, then end of case).

Fed Civ Pro SUCKS!

CCA
Posts: 72
Joined: Mon Sep 15, 2008 9:43 pm

Re: Need help on a FRCP issue that’s confusing me

Postby CCA » Wed Feb 10, 2010 5:08 pm

JNOV is the older term for the judge setting aside a verdict after the verdict is in.
Directed verdict was the older term for judge making a decision before getting the jury.

Both of these are now considered judgment as a matter of law, which is the more modern term. The older terms are sometimes used also.




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