Judgment as a matter of law: Difference between revisions
m Task 18 (cosmetic): eval 1 template: del empty params (5×); del |url-status= (1×); |
MichaelMaggs (talk | contribs) Use US spelling |
||
(7 intermediate revisions by 5 users not shown) | |||
Line 1: | Line 1: | ||
{{Short description|United States legal practise}} |
|||
{{Use dmy dates|date=April 2023}} |
|||
{{Use American English|date=April 2023}} |
|||
{{Redirect|JMOL|the chemistry software|Jmol}} |
{{Redirect|JMOL|the chemistry software|Jmol}} |
||
{{More references|date=May 2018}} |
{{More references|date=May 2018}} |
||
{{Civil procedure (United States)}} |
{{Civil procedure (United States)}} |
||
In the United States courts, a motion for '''judgment as a matter of law''' ('''JMOL''') is a [[Motion (legal)|motion]] made by a party, during trial, claiming the opposing party has [[insufficient evidence]] to reasonably support its case.<ref>{{Cite web |title=motion for judgment as a matter of law |url=https://www.law.cornell.edu/wex/motion_for_judgment_as_a_matter_of_law |access-date=2023-04-14 |website=LII / Legal Information Institute |language=en}}</ref> It asserts that the evidence allows only one result: victory for the moving party, even if a jury has found otherwise.<ref>Fundamentals of Litig. Prac. § 32:3 (2021) (updated 2022).</ref> JMOL is also known as a [[directed verdict]], which it has replaced in [[Federal judiciary of the United States|American federal courts]].<ref>Fundamentals of Litig. Prac. § 32:3 (2021) (updated 2022).</ref> |
|||
JMOL is similar to [[judgment on the pleadings]] and [[summary judgment]], all of which test the factual sufficiency of a claim. Judgment on the pleadings is a [[ |
JMOL is similar to [[judgment on the pleadings]] and [[summary judgment]], all of which test the factual sufficiency of a [[Claim (law)|claim]].<ref>{{Cite web |title=What is the difference between judgment as a matter of law and summary judgment? {{!}} uslawessentials |url=https://uslawessentials.com/difference-judgment-matter-law-summary-judgment/ |access-date=2023-04-14 |website=uslawessentials.com}}</ref> Judgment on the pleadings is a motion made after [[Pleading (United States)|pleading]] and before [[discovery (law)|discovery]]; summary judgment happens after discovery and before trial; JMOL occurs during trial.<ref>{{Cite web |title=What is the difference between judgment as a matter of law and summary judgment? {{!}} uslawessentials |url=https://uslawessentials.com/difference-judgment-matter-law-summary-judgment/ |access-date=2023-04-14 |website=uslawessentials.com}}</ref> |
||
In [[United States federal courts]], JMOL is a creation of [[Federal Rules of Civil Procedure]] |
In [[United States federal courts]], JMOL is a creation of Rule 50 of the [[Federal Rules of Civil Procedure]].<ref>{{Cite web|url=https://www.uscourts.gov/sites/default/files/cv_rules_eff._dec._1_2018_0.pdf|title=Federal Rules of Civil Procedure|date=December 1, 2018|access-date=March 7, 2020}}</ref><ref>{{Cite web |title=Rule 50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling |url=https://www.law.cornell.edu/rules/frcp/rule_50 |access-date=2023-04-14 |website=LII / Legal Information Institute |language=en}}</ref> JMOL is decided by the standard of whether a reasonable jury could find in favor of the party opposing the JMOL motion.<ref>Fundamentals of Litig. Prac. § 32:5 (2021) (updated 2022).</ref> If there is no evidence to support a reasonable conclusion for the opposing party, judgment is entered by the court and the case is over.<ref>Fundamentals of Litig. Prac. § 32:5 (2021) (updated 2022).</ref> If there is sufficient evidence to make a reasonable conclusion in favor of the opposing party, but there is equally strong evidence to support an opposite conclusion, the party with the [[legal burden of proof|burden of persuasion]] fails.<ref>Fundamentals of Litig. Prac. § 32:5 (2021) (updated 2022).</ref> |
||
Timing is very important in making a motion for JMOL; the motion can be made only after the opposing party has presented its case. In civil cases, the [[plaintiff]] presents its case the [[defendant]] presents |
Timing is very important in making a motion for JMOL; the motion can be made only after the opposing party has presented its case.<ref>{{Cite web |title=What is the difference between judgment as a matter of law and summary judgment? {{!}} uslawessentials |url=https://uslawessentials.com/difference-judgment-matter-law-summary-judgment/ |access-date=2023-04-14 |website=uslawessentials.com}}</ref> In civil cases, the [[plaintiff]] presents its case, the [[defendant]] presents its case, and the plaintiff may present a [[rebuttal]]. Therefore, once the plaintiff has presented its case, the defendant but not the plaintiff can move for JMOL. However, once the defendant has finished presenting its case, both the plaintiff and the defendant can move for JMOL. |
||
JMOL motions may also be made after the verdict is returned and are then called "renewed" motions for judgment as a matter of law (RJMOL), but the motion is still commonly known by its former name, [[judgment notwithstanding the verdict]], or JNOV (from the [[English language|English]] [[Judgment (law)|judgment]] and the [[Latin]] ''non obstante veredicto''). |
JMOL motions may also be made after the verdict is returned and are then called "renewed" motions for judgment as a matter of law (RJMOL), but the motion is still commonly known by its former name, [[judgment notwithstanding the verdict]], or JNOV (from the [[English language|English]] [[Judgment (law)|judgment]] and the [[Latin]] ''non obstante veredicto''). |
Latest revision as of 16:33, 22 April 2023
This article needs additional citations for verification. (May 2018) |
Civil procedure in the United States |
---|
Jurisdiction |
|
Venue |
Pleadings |
|
Pretrial procedure |
Resolution without trial |
Trial |
|
Appeal |
In the United States courts, a motion for judgment as a matter of law (JMOL) is a motion made by a party, during trial, claiming the opposing party has insufficient evidence to reasonably support its case.[1] It asserts that the evidence allows only one result: victory for the moving party, even if a jury has found otherwise.[2] JMOL is also known as a directed verdict, which it has replaced in American federal courts.[3]
JMOL is similar to judgment on the pleadings and summary judgment, all of which test the factual sufficiency of a claim.[4] Judgment on the pleadings is a motion made after pleading and before discovery; summary judgment happens after discovery and before trial; JMOL occurs during trial.[5]
In United States federal courts, JMOL is a creation of Rule 50 of the Federal Rules of Civil Procedure.[6][7] JMOL is decided by the standard of whether a reasonable jury could find in favor of the party opposing the JMOL motion.[8] If there is no evidence to support a reasonable conclusion for the opposing party, judgment is entered by the court and the case is over.[9] If there is sufficient evidence to make a reasonable conclusion in favor of the opposing party, but there is equally strong evidence to support an opposite conclusion, the party with the burden of persuasion fails.[10]
Timing is very important in making a motion for JMOL; the motion can be made only after the opposing party has presented its case.[11] In civil cases, the plaintiff presents its case, the defendant presents its case, and the plaintiff may present a rebuttal. Therefore, once the plaintiff has presented its case, the defendant but not the plaintiff can move for JMOL. However, once the defendant has finished presenting its case, both the plaintiff and the defendant can move for JMOL.
JMOL motions may also be made after the verdict is returned and are then called "renewed" motions for judgment as a matter of law (RJMOL), but the motion is still commonly known by its former name, judgment notwithstanding the verdict, or JNOV (from the English judgment and the Latin non obstante veredicto).
See also
[edit]- Judgment notwithstanding the verdict
- New trial
- No case to answer
- Renewed judgment as a matter of law
- Summary judgment
References
[edit]- ^ "motion for judgment as a matter of law". LII / Legal Information Institute. Retrieved 14 April 2023.
- ^ Fundamentals of Litig. Prac. § 32:3 (2021) (updated 2022).
- ^ Fundamentals of Litig. Prac. § 32:3 (2021) (updated 2022).
- ^ "What is the difference between judgment as a matter of law and summary judgment? | uslawessentials". uslawessentials.com. Retrieved 14 April 2023.
- ^ "What is the difference between judgment as a matter of law and summary judgment? | uslawessentials". uslawessentials.com. Retrieved 14 April 2023.
- ^ "Federal Rules of Civil Procedure" (PDF). 1 December 2018. Retrieved 7 March 2020.
- ^ "Rule 50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling". LII / Legal Information Institute. Retrieved 14 April 2023.
- ^ Fundamentals of Litig. Prac. § 32:5 (2021) (updated 2022).
- ^ Fundamentals of Litig. Prac. § 32:5 (2021) (updated 2022).
- ^ Fundamentals of Litig. Prac. § 32:5 (2021) (updated 2022).
- ^ "What is the difference between judgment as a matter of law and summary judgment? | uslawessentials". uslawessentials.com. Retrieved 14 April 2023.