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Judgment Notwithstanding the Verdict

Description: Test your knowledge on Judgment Notwithstanding the Verdict (JNOV)
Number of Questions: 15
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Tags: civil procedure trial law post-trial motions
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What is a Judgment Notwithstanding the Verdict (JNOV)?

  1. A motion filed by the losing party in a civil trial, asking the judge to overturn the jury's verdict and enter judgment in their favor.

  2. A motion filed by the winning party in a civil trial, asking the judge to uphold the jury's verdict.

  3. A motion filed by the judge in a civil trial, asking the jury to reconsider their verdict.

  4. A motion filed by the court clerk in a civil trial, asking the judge to enter judgment in accordance with the jury's verdict.


Correct Option: A
Explanation:

A JNOV is a post-trial motion that allows the losing party to challenge the jury's verdict and ask the judge to enter judgment in their favor. The motion is based on the argument that the evidence presented at trial was insufficient to support the jury's verdict.

What are the grounds for a JNOV?

  1. That the jury's verdict is against the weight of the evidence.

  2. That the jury's verdict is based on an erroneous interpretation of the law.

  3. That the jury's verdict is the result of passion, prejudice, or bias.

  4. All of the above.


Correct Option: D
Explanation:

A JNOV can be granted if the judge finds that the jury's verdict is against the weight of the evidence, that the jury's verdict is based on an erroneous interpretation of the law, or that the jury's verdict is the result of passion, prejudice, or bias.

When must a JNOV be filed?

  1. Within 10 days of the entry of judgment.

  2. Within 30 days of the entry of judgment.

  3. Within 60 days of the entry of judgment.

  4. Within 90 days of the entry of judgment.


Correct Option: A
Explanation:

A JNOV must be filed within 10 days of the entry of judgment.

What is the standard of review for a JNOV?

  1. De novo review.

  2. Abuse of discretion review.

  3. Clearly erroneous review.

  4. Plain error review.


Correct Option: A
Explanation:

The standard of review for a JNOV is de novo review, which means that the judge will review the evidence presented at trial and make an independent determination of whether the jury's verdict is supported by the evidence.

What is the effect of a JNOV?

  1. The judge will enter judgment in favor of the moving party.

  2. The judge will order a new trial.

  3. The judge will reduce the amount of damages awarded by the jury.

  4. The judge will dismiss the case.


Correct Option: A
Explanation:

If a JNOV is granted, the judge will enter judgment in favor of the moving party.

Can a JNOV be appealed?

  1. Yes.

  2. No.


Correct Option: A
Explanation:

A JNOV can be appealed to a higher court.

What are some of the factors that a judge will consider when deciding whether to grant a JNOV?

  1. The strength of the evidence supporting the jury's verdict.

  2. The credibility of the witnesses who testified at trial.

  3. The instructions that the judge gave to the jury.

  4. The arguments of the attorneys in the case.

  5. All of the above.


Correct Option: E
Explanation:

A judge will consider all of the above factors when deciding whether to grant a JNOV.

What are some of the defenses to a JNOV?

  1. That the jury's verdict is supported by the evidence.

  2. That the jury's verdict is based on a correct interpretation of the law.

  3. That the jury's verdict is not the result of passion, prejudice, or bias.

  4. All of the above.


Correct Option: D
Explanation:

The defenses to a JNOV are that the jury's verdict is supported by the evidence, that the jury's verdict is based on a correct interpretation of the law, and that the jury's verdict is not the result of passion, prejudice, or bias.

What are some of the strategic considerations that attorneys should keep in mind when filing a JNOV?

  1. The strength of the evidence supporting the jury's verdict.

  2. The credibility of the witnesses who testified at trial.

  3. The instructions that the judge gave to the jury.

  4. The arguments of the attorneys in the case.

  5. All of the above.


Correct Option: E
Explanation:

Attorneys should consider all of the above factors when deciding whether to file a JNOV.

What are some of the ethical considerations that attorneys should keep in mind when filing a JNOV?

  1. The duty to zealously represent their client.

  2. The duty to avoid frivolous litigation.

  3. The duty to be candid with the court.

  4. All of the above.


Correct Option: D
Explanation:

Attorneys should consider all of the above ethical considerations when deciding whether to file a JNOV.

What are some of the practical considerations that attorneys should keep in mind when filing a JNOV?

  1. The cost of filing a JNOV.

  2. The time it will take to litigate a JNOV.

  3. The potential impact of a JNOV on the client's reputation.

  4. All of the above.


Correct Option: D
Explanation:

Attorneys should consider all of the above practical considerations when deciding whether to file a JNOV.

What are some of the recent trends in JNOV litigation?

  1. An increase in the number of JNOVs being filed.

  2. An increase in the number of JNOVs being granted.

  3. A decrease in the number of JNOVs being appealed.

  4. All of the above.


Correct Option: D
Explanation:

There has been an increase in the number of JNOVs being filed, an increase in the number of JNOVs being granted, and a decrease in the number of JNOVs being appealed.

What are some of the challenges facing attorneys who file JNOVs?

  1. The high burden of proof.

  2. The short time frame for filing a JNOV.

  3. The cost of litigating a JNOV.

  4. All of the above.


Correct Option: D
Explanation:

Attorneys who file JNOVs face a number of challenges, including the high burden of proof, the short time frame for filing a JNOV, and the cost of litigating a JNOV.

What are some of the resources available to attorneys who are considering filing a JNOV?

  1. Lawyers who specialize in JNOV litigation.

  2. Legal research databases.

  3. Court rules and procedures.

  4. All of the above.


Correct Option: D
Explanation:

Attorneys who are considering filing a JNOV have a number of resources available to them, including lawyers who specialize in JNOV litigation, legal research databases, and court rules and procedures.

What are some of the best practices for attorneys who are filing JNOVs?

  1. Carefully review the evidence and the jury instructions.

  2. File the JNOV promptly.

  3. Be prepared to argue the JNOV at a hearing.

  4. All of the above.


Correct Option: D
Explanation:

Attorneys who are filing JNOVs should carefully review the evidence and the jury instructions, file the JNOV promptly, and be prepared to argue the JNOV at a hearing.

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