but can't Plaintiffs file for JMOL too, for example, if the main defendants already defaulted and they want to get the remaining Defendants "out of the way"?
Thank you, that was really educational. On question I have - isn't it a bit counter-intuitive to use a jury system just to implement a different system to undermine the jury decision at any given time? Yes, i do understand that the judge does so not on their whim, but based on the law, but - ultimately - the verdict then rests with the judge, and not the jury, which was, you know, the point of the jury system.
DJ, this is a good question. If you search you can probably find articles written by commentators who believe that all cases should be sent to the jury. Some people argue this point based on the Seventh Amendment. Personally, I believe that allowing judges to order summary judgment or judgment as a matter of law makes sense for a number of reasons. For starters, cases tend to not be dismissed at the pleading stage so summary judgment or judgment as a matter of law can be a good counterbalance. Anyway, thanks for the comment and pls let me know if other topics interest you.
Im trying to find out if a JMOL can be filed in a juvenile dependency case? And after the appeal phase? FYI....I know this isn't considered legal advice, just trying to comprehend when and how a JMOL can be used???
Now that was a surprise. Either party can motion for JMOL? I always thought, after reading JMOL on wiki, only the defence could motion for JMOL (in their case acquittal) and yet the prosecution can motion for a JMOL/guilty verdict too?
This is in a civil case, not a criminal case. There is no prosecution, just a plaintiff and defendant. More here: uslawessentials.com/difference-judgment-matter-law-summary-judgment/
Thanks for your question. You are asking about a criminal case and the video is about a civil case so the rules are a bit different. Under Federal Rules of Criminal Procedure 29 a defendant can move for acquittal on grounds that the evidence is insufficient to sustain a conviction. Rafekian moved for acquittal under Rule 29 after the Government presented its case during his trial. The judge reserved making a decision at the time. After he was convicted the judge came back to the motion and agreed that the evidence was insufficient and granted the motion. The standard is difficult - the judge must agree that the evidence is insufficient for any rational jury member to convict.
Your voice is nice and calm, and really draws one's attention to the content. I found this video to be VERY helpful, but was wondering if this technique can be used in Juvenile Dependency case, if you were formerly the defendant; but will be the plaintiff in a new proceeding? Can you also subpoena discovery from the defendant in a JMOL matter?
+Social Crimes Reaching and Effecting All Masses Inc Thanks for your kind comments. Apologies but I did not quite understand your question. Could you rephrase what you mean?
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Thanks for making all these. Your videos have been a valuable educational resource for me!
Thanks, Danny
does jmol apply to civil court and if So how do i as a plaintiff respond to the defendents motion ,,?? great shows
but can't Plaintiffs file for JMOL too, for example, if the main defendants already defaulted and they want to get the remaining Defendants "out of the way"?
Thank you, that was really educational. On question I have - isn't it a bit counter-intuitive
to use a jury system just to implement a different system to undermine the jury decision at any given time? Yes, i do understand that the judge does so not on their whim, but based on the law, but - ultimately - the verdict then rests with the judge, and not the jury, which was, you know, the point of the jury system.
DJ, this is a good question. If you search you can probably find articles written by commentators who believe that all cases should be sent to the jury. Some people argue this point based on the Seventh Amendment. Personally, I believe that allowing judges to order summary judgment or judgment as a matter of law makes sense for a number of reasons. For starters, cases tend to not be dismissed at the pleading stage so summary judgment or judgment as a matter of law can be a good counterbalance. Anyway, thanks for the comment and pls let me know if other topics interest you.
Im trying to find out if a JMOL can be filed in a juvenile dependency case? And after the appeal phase? FYI....I know this isn't considered legal advice, just trying to comprehend when and how a JMOL can be used???
Now that was a surprise. Either party can motion for JMOL? I always thought, after reading JMOL on wiki, only the defence could motion for JMOL (in their case acquittal) and yet the prosecution can motion for a JMOL/guilty verdict too?
This is in a civil case, not a criminal case. There is no prosecution, just a plaintiff and defendant. More here: uslawessentials.com/difference-judgment-matter-law-summary-judgment/
Please explain Judgment Notwithstanding the verdict
+Nancy Zorrilla-Abon I hope this is helpful:
www.uslawessentials.com/blog/2015/12/1/what-is-judgment-notwithstanding-the-verdict
Your videos are very helpful!
Thanks this was helpful. Do you think the Demurers in SCC can also be renewed?
How does JMOL work after a jury finds a defendant guilty? Like the Bijon Rafekian case.
Thanks for your question. You are asking about a criminal case and the video is about a civil case so the rules are a bit different. Under Federal Rules of Criminal Procedure 29 a defendant can move for acquittal on grounds that the evidence is insufficient to sustain a conviction. Rafekian moved for acquittal under Rule 29 after the Government presented its case during his trial. The judge reserved making a decision at the time. After he was convicted the judge came back to the motion and agreed that the evidence was insufficient and granted the motion. The standard is difficult - the judge must agree that the evidence is insufficient for any rational jury member to convict.
So, can both parties (the defendant and the plaintiff) motion for JMOL in a federal court and state court?
Yes: uslawessentials.com/difference-judgment-matter-law-summary-judgment/
Your voice is nice and calm, and really draws one's attention to the content. I found this video to be VERY helpful, but was wondering if this technique can be used in Juvenile Dependency case, if you were formerly the defendant; but will be the plaintiff in a new proceeding? Can you also subpoena discovery from the defendant in a JMOL matter?
+Social Crimes Reaching and Effecting All Masses Inc Thanks for your kind comments. Apologies but I did not quite understand your question. Could you rephrase what you mean?
JMOL is also known as a Motion for Directed Verdict (for fellow Bar takers 😊).
Has Arizona adopted FRE 413-415 yet?
Sorry, I don't know.
this is an awesome tool and new to me. can this be used at pre-trial or even during the discovery phase? thanks
Thank you so much. I am new clarified
I would just add that it shall be made on the same grounds. A lot of students, like me, fall for this trick, when JMOL is brought on different grounds
NO legally sufficient evidentiary basis for a reasonable jury could find in favor of party opposing the movant. → granted JMOL
Great video! Thank you!
Jackie Garcia Hi Jackie, thanks!
uslawessentials.com/forum
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