NationMaster - Encyclopedia: Judgment as a matter of law

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. JMOL is similar to summary judgment, which is a motion made before trial. JMOL is also known as a directed verdict, which it has replaced in American Federal courts. Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules govern how a lawsuit or case may be commenced, what kind of service of process is required, the types of pleadings or... The Federal Rules of Civil Procedure (FRCP) govern civil procedure in the United States district courts, or more simply, court procedures for civil suits. ... The Civil Procedure Rules 1998 came into force in England & Wales on 26 April 1999, largely replacing and significantly overhauling the previous Rules of the Supreme Court (applicable to the High Court of Justice) and the County Court Rules. ... In the law, a pleading is one of the papers filed with a court in a civil action, such as a complaint, a demurrer, or an answer. ... Service of process is the term given to legal notice of a court or administrative bodys exercise of its jurisdiction over individuals who are the subject of proceedings or actions brought before such court, body or other tribunal. ... In general use, a complaint is an expression of displeasure, such as poor service at a store, or from a local government, for example. ... In the law, a cause of action is a recognized kind of legal claim that a plaintiff pleads or alleges in a complaint to start a lawsuit. ... In common law civil procedure, a demurrer is a pleading by the defendant that contests the legal sufficiency of the complaint. ... In the common law, an answer is the first pleading by a defendant, usually filed and served upon the plaintiff within a certain strict time limit after a civil complaint or criminal information or indictment has been served upon the defendant. ... An affirmative defense is a defense used in litigation between private parties in common law jurisdictions. ... In law, discovery is the pre-trial phase in a lawsuit in which each party through the law of civil procedure can request documents and other evidence from other parties or can compel the production of evidence by using a subpoena or through other discovery devices, such as requests for... In law, interrogatories are a formal set of written questions propounded by one litigant and required to be answered by an adversary, in order to clarify matters of evidence and help to determine in advance what facts will be presented at any trial in the case. ... Default judgment is a binding judgment in favor of the plaintiff when the defendant has not responded to a summons or has failed to appear before a court. ... Summary judgment in U.S. legal practice is a judgment awarded by the court prior to trial, based upon the courts finding that: (1) there are no issues of material fact requiring a trial for their resolution, and (2) in applying the law to the undisputed facts, one party... Involuntary dismissal is the termination of a court case despite the plaintiffs objection. ... A reference to colonization, or the resulting communities. ... A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard. ... A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. ... A defendant is any party who is required to answer the complaint of a plaintiff in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... A plaintiff, also known as a claimant, or a complainant is the party who initiates a lawsuit (also known as an action) before a court. ... In the common law, burden of proof is the obligation to prove allegations which are presented in a legal action. ... A judgment or judgement, in a legal context, is synonymous with the formal decision made by a court following legal proceedings. ... Judgment notwithstanding the verdict, or J.N.O.V. for short (English Judgment + Latin Non Obstante Veredicto) is the practice in American courts whereby the presiding judge in a civil case may overrule the decision of a jury and reverse or amend their verdict. ... A remedy is the solution or amelioration of a problem or difficulty. ... An appeal is the act or fact of challenging a judicially cognizable and binding judgment to a higher judicial authority. ... Summary judgment in U.S. legal practice is a judgment awarded by the court prior to trial, based upon the courts finding that: (1) there are no issues of material fact requiring a trial for their resolution, and (2) in applying the law to the undisputed facts, one party... In physics, motion means a change in the position of a body with respect to time, as measured by a particular observer in a particular frame of reference. ... In U.S. law, a directed verdict is an order from the judge presiding over a jury trial that one side or the other wins. ...

In United States Federal courts, JMOL is a creation of Federal Rules of Civil Procedure Rule 50. JMOL is decided by the standard of whether a reasonable jury could find in favor of the party opposing the JMOL motion. 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. 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 production fails. The Federal Rules of Civil Procedure (FRCP) govern civil procedure in the United States district courts, or more simply, court procedures for civil suits. ...

Timing is very important in making a motion for JMOL; the motion can only be made once the opposing party has presented its case. In civil cases, the plaintiff presents her case, then the defendant presents her case, then the plaintiff may present a rebuttal. So, once the plaintiff has presented her case, the defendant may move for JMOL, but the plaintiff may not. Once the defendant has finished presenting her case, the plaintiff may move for JMOL, and so may the defendant. In physics, motion means a change in the position of a body with respect to time, as measured by a particular observer in a particular frame of reference. ... A plaintiff, also known as a claimant, or a complainant is the party who initiates a lawsuit (also known as an action) before a court. ... A defendant is any party who is required to answer the complaint of a plaintiff in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... In law, rebuttal is a form of evidence that is presented to contradict or nullify other evidence that has been presented by an adverse party. ...

Most importantly, JMOL must be made before the case is put to the jury for deliberation, otherwise it offends Seventh amendment due process rights, and is thus unconstitutional. Therefore, JMOL must be made by motion after the oppposing party has presented its case and before the case has been submitted to the jury. The Seventh Amendment may mean the: Seventh Amendment to the United States Constitution - part of the Bill of Rights. ...

If a JMOL motion is denied initially, it may be tried again after the jury verdict is returned, as a renewed judgment as a matter of law.

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