Post on 30-Dec-2015
description
Some Practical Rules for JAML Analysis
Basic Principles
• If there is no direct or indirect evidence supporting an element, the jury must conclude that the element has not been established.
• If there is conflicting direct evidence regarding an element, jury gets to resolve the issue.
• Unless the other rules dictate a different result, if direct evidence and indirect evidence conflict, the jury gets to resolve the issue.
“Evidence” That Does Not Count
• The jury must disregard direct evidence• From a witness who did not have
an opportunity to observe, or• That is physically impossible
• Generally, the jury must disregard a non-expert witness’s conclusions (inferences from observations).
Evidence That Must Be Believed
• Usually, a jury has the right to disbelieve direct evidence even without contradictory evidence. However . . .
• The jury must believe direct evidence that is• unimpeached and • uncontradicted and • from a • disinterested witness or • a source that cannot reasonably
be doubted
Inferences That May Not Be Drawn
• 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)
Dogs That Do Not Bark
• 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 side’s direct evidence • even though that evidence has
been impeached or comes from an interested party.
• 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.
Some Procedural Questions
•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?