Motions After Trial

Description: This quiz covers various motions that can be filed after a trial has concluded. The questions explore the grounds, procedures, and legal implications of these motions, providing a comprehensive understanding of post-trial remedies.
Number of Questions: 16
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Tags: motions after trial appellate law post-trial remedies civil procedure
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What is the purpose of a motion for a new trial?

  1. To correct errors made during the trial.

  2. To introduce new evidence that was not available during the trial.

  3. To overturn the verdict or judgment of the court.

  4. To request a different judge or jury to hear the case.


Correct Option: A
Explanation:

A motion for a new trial is typically filed to address errors or irregularities that occurred during the trial, such as improper jury instructions, admission of inadmissible evidence, or misconduct by the judge or opposing counsel.

What is the time limit for filing a motion for a new trial?

  1. 10 days after the verdict or judgment is entered.

  2. 20 days after the verdict or judgment is entered.

  3. 30 days after the verdict or judgment is entered.

  4. 45 days after the verdict or judgment is entered.


Correct Option: A
Explanation:

In most jurisdictions, a motion for a new trial must be filed within a specific time period, typically 10 days after the verdict or judgment is entered. Failure to file the motion within this time limit may result in the waiver of the right to a new trial.

What are the grounds for a motion for a new trial?

  1. Newly discovered evidence.

  2. Juror misconduct.

  3. Judicial error.

  4. All of the above.


Correct Option: D
Explanation:

A motion for a new trial can be based on various grounds, including newly discovered evidence that could not have been obtained with reasonable diligence before the trial, juror misconduct, judicial error, or other irregularities that may have affected the outcome of the trial.

What is the standard of review for a motion for a new trial?

  1. Abuse of discretion.

  2. De novo review.

  3. Clear and convincing evidence.

  4. Preponderance of the evidence.


Correct Option: A
Explanation:

The standard of review for a motion for a new trial is typically abuse of discretion. This means that the court will only overturn the trial court's decision to grant or deny a new trial if it finds that the trial court clearly abused its discretion.

What is a motion for judgment notwithstanding the verdict (JNOV)?

  1. A motion to overturn the jury's verdict and enter judgment for the moving party.

  2. A motion to request a new trial.

  3. A motion to amend the judgment.

  4. A motion to dismiss the case.


Correct Option: A
Explanation:

A motion for judgment notwithstanding the verdict (JNOV) is a motion that asks the court to overturn the jury's verdict and enter judgment for the moving party. This motion is typically filed when the moving party believes that there is no legally sufficient evidence to support the jury's verdict.

What is the time limit for filing a motion for JNOV?

  1. 10 days after the verdict is entered.

  2. 20 days after the verdict is entered.

  3. 30 days after the verdict is entered.

  4. 45 days after the verdict is entered.


Correct Option: A
Explanation:

In most jurisdictions, a motion for JNOV must be filed within a specific time period, typically 10 days after the verdict is entered. Failure to file the motion within this time limit may result in the waiver of the right to a JNOV.

What are the grounds for a motion for JNOV?

  1. Insufficient evidence to support the verdict.

  2. Errors of law committed by the trial court.

  3. Newly discovered evidence.

  4. All of the above.


Correct Option: A
Explanation:

The most common ground for a motion for JNOV is that there is insufficient evidence to support the jury's verdict. This means that the moving party believes that there is no legally sufficient evidence to support the jury's finding of fact.

What is the standard of review for a motion for JNOV?

  1. De novo review.

  2. Abuse of discretion.

  3. Clear and convincing evidence.

  4. Preponderance of the evidence.


Correct Option: A
Explanation:

The standard of review for a motion for JNOV is typically de novo review. This means that the court will review the evidence presented at trial and make its own independent determination of whether there is sufficient evidence to support the jury's verdict.

What is a motion for remittitur?

  1. A motion to reduce the amount of damages awarded by the jury.

  2. A motion to increase the amount of damages awarded by the jury.

  3. A motion to overturn the jury's verdict.

  4. A motion to dismiss the case.


Correct Option: A
Explanation:

A motion for remittitur is a motion that asks the court to reduce the amount of damages awarded by the jury. This motion is typically filed when the moving party believes that the jury's award of damages is excessive.

What is the time limit for filing a motion for remittitur?

  1. 10 days after the verdict is entered.

  2. 20 days after the verdict is entered.

  3. 30 days after the verdict is entered.

  4. 45 days after the verdict is entered.


Correct Option: A
Explanation:

In most jurisdictions, a motion for remittitur must be filed within a specific time period, typically 10 days after the verdict is entered. Failure to file the motion within this time limit may result in the waiver of the right to a remittitur.

What are the grounds for a motion for remittitur?

  1. Excessive damages awarded by the jury.

  2. Errors of law committed by the trial court.

  3. Newly discovered evidence.

  4. All of the above.


Correct Option: A
Explanation:

The most common ground for a motion for remittitur is that the jury's award of damages is excessive. This means that the moving party believes that the jury's award of damages is not supported by the evidence or is otherwise unreasonable.

What is the standard of review for a motion for remittitur?

  1. De novo review.

  2. Abuse of discretion.

  3. Clear and convincing evidence.

  4. Preponderance of the evidence.


Correct Option: B
Explanation:

The standard of review for a motion for remittitur is typically abuse of discretion. This means that the court will only overturn the trial court's decision to grant or deny a remittitur if it finds that the trial court clearly abused its discretion.

What is a motion for additur?

  1. A motion to increase the amount of damages awarded by the jury.

  2. A motion to reduce the amount of damages awarded by the jury.

  3. A motion to overturn the jury's verdict.

  4. A motion to dismiss the case.


Correct Option: A
Explanation:

A motion for additur is a motion that asks the court to increase the amount of damages awarded by the jury. This motion is typically filed when the moving party believes that the jury's award of damages is inadequate.

What is the time limit for filing a motion for additur?

  1. 10 days after the verdict is entered.

  2. 20 days after the verdict is entered.

  3. 30 days after the verdict is entered.

  4. 45 days after the verdict is entered.


Correct Option: A
Explanation:

In most jurisdictions, a motion for additur must be filed within a specific time period, typically 10 days after the verdict is entered. Failure to file the motion within this time limit may result in the waiver of the right to an additur.

What are the grounds for a motion for additur?

  1. Inadequate damages awarded by the jury.

  2. Errors of law committed by the trial court.

  3. Newly discovered evidence.

  4. All of the above.


Correct Option: A
Explanation:

The most common ground for a motion for additur is that the jury's award of damages is inadequate. This means that the moving party believes that the jury's award of damages is not supported by the evidence or is otherwise unreasonable.

What is the standard of review for a motion for additur?

  1. De novo review.

  2. Abuse of discretion.

  3. Clear and convincing evidence.

  4. Preponderance of the evidence.


Correct Option: B
Explanation:

The standard of review for a motion for additur is typically abuse of discretion. This means that the court will only overturn the trial court's decision to grant or deny an additur if it finds that the trial court clearly abused its discretion.

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