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Some Practical Rules for JAML Analysis. Basic Principles. If there is no direct or indirect evidence supporting an element, the jury must conclude that the element has not been established. If there is conflicting direct evidence regarding an element, jury gets to resolve the issue. - PowerPoint PPT Presentation
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Some Practical Rules for JAML Analysis
Basic Principles
• If there is no direct or indirect evidence supporting an element, the jury must conclude that the element has not been established.
• If there is conflicting direct evidence regarding an element, jury gets to resolve the issue.
• Unless the other rules dictate a different result, if direct evidence and indirect evidence conflict, the jury gets to resolve the issue.
“Evidence” That Does Not Count
• The jury must disregard direct evidence• From a witness who did not have
an opportunity to observe, or• That is physically impossible
• Generally, the jury must disregard a non-expert witness’s conclusions (inferences from observations).
Evidence That Must Be Believed
• Usually, a jury has the right to disbelieve direct evidence even without contradictory evidence. However . . .
• The jury must believe direct evidence that is• unimpeached and • uncontradicted and • from a • disinterested witness or • a source that cannot reasonably
be doubted
Inferences That May Not Be Drawn
• If there is evidence of facts from which an element could be inferred (rather than direct evidence of the element), the jury decides • whether to believe the facts &• Whether to draw the inference
• Unless no reasonable jury :• could infer the element from the
facts (under the “more likely than not” standard)
Dogs That Do Not Bark
• If the “burdened party” could produce evidence on a particular factual issue and does not do so, it may change the rules as follows:
• It may cause the judge to decide that the jury has to believe the other side’s direct evidence • even though that evidence has
been impeached or comes from an interested party.
• If the “burdened party” could produce evidence on a particular factual issue and does not do so, it may change the rules as follows:
• It may cause the judge to decide that the jury cannot draw a particular inference: • even though that inference would
otherwise be reasonable.
Some Procedural Questions
•When can one file a JAML motion?•When must one file a JAML motion if one wants to file a JNOV (deferred JAML)?• Why?
•Why is it important to file a JNOV?