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Authored by: PJ on Friday, May 18 2012 @ 02:34 PM EDT |
A judgment as a matter of law bypasses the jury
if and only if there are no questions of fact. Juries
handle fact questions; judges handle the law, so in
that sense he isn't overruling anything so much as
deciding that the law issues are so clear, it's his
province, no longer theirs, if he feels no reasonable
jury could rule differently given the law.
This judge has also expressed an interest in keeping
the appeal as simple as possible, and that would be
by appealing his decisions, as opposed to the jury's.
It's much easier to just overrule a judge. If an appeal
goes against a jury finding, you generally need an
entire new trial.[ Reply to This | Parent | # ]
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Authored by: Anonymous on Friday, May 18 2012 @ 02:37 PM EDT |
This is a link to a
description of Rule 50 motions. Essentially it is the moving party saying that
there is no evidence presented that would enable a reasonable jury to decide any
other way.
Haven't read the article, but IIRC, the judge must view any evidence
in the record in favour of the non moving party.
[ Reply to This | Parent | # ]
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