decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

Click here to send an email to the editor of this weblog.


Contact PJ

Click here to email PJ. You won't find me on Facebook Donate Paypal


User Functions

Username:

Password:

Don't have an account yet? Sign up as a New User

No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Ouch - but ... | 217 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Ouch - but ...
Authored by: Anonymous on Thursday, November 29 2012 @ 10:36 AM EST
Short answer: Your understanding is wrong.

Longer answer: Your understanding is wrong, but.

In a jury trial, the jury is the finder of fact. Period.
That doesn't mean the judge doesn't have a great deal of
control and discretion. To begin with, the judge has a great
deal of control over the evidence (facts) that the jury
sees. So you start with that.

But to get more specific, the judge will not, technically,
be overruling them on questions of fact. It will be couched
in a different way. Here's some examples-

"No reasonable jury could have found, based on the evidence
adduced at trial, that...."
"The jury made the following calculations for damages. As a
matter of law, the damages calculations must be made as
such..."

Now, arguably, some of the rulings might seem like they are
issues of fact (insufficient evidence to support a verdict,
for example), but they will always be issues of law. It's
may seem like a distinction without a difference in some
cases, yet there it is. This is why, for example, FRCP 50(a)
is a judgment as a matter of law (not a judgment as a matter
of law or fact).

A judge that write an opinion simply stating that a jury got
the facts wrong, and is overturning a jury verdict on a
factual, not a legal basis, is a judge begging for a
successful appeal.

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )