1. SJ MOTIONS The Paperwork The Caption & the Cause Number The court’s filing system The Record The only facts the judge considers What the lawyers provide

2. WHERE WE ARE & WHAT WE’RE DOING Pleading Pre-trial Trial & Post-trial Judge/jury relationship Appeal

3. TRIAL Controlling the Jury Judgment as a Matter of Law Rule 50(a) Formerly “Directed Verdict”

4. SKILLS Reading Rules: FR 50(a) (1) If during a trial by jury a party has been fully heard on an issue and there is no legally sufficent evidentiary basis for a reasonable jury to find for that party on that issue the court may determine the issue against that party and may grant a motion for judgment as a matter of law against that party with respect to a claim or defense that cannot under the controlling law Be maintained or defeated Without a faorable finding on that issue.

5. SKILLS Reading Rules: FR 50(a) (2)Motions for judgment as a matter of law may be made at any time before submission of the case to the jury. Such a motion shall specify the judgment sought and the law and the facts on which the moving party is entitled to judgment.

6. TRIAL Controlling the Jury Penn. RR v. Chamberlain, p. 724 Note 2a Same decision if Pl’s W Bainbridge – 10 ‘ away 26 unbiased W’s contradict?

7. TRIAL Controlling the Jury Penn. RR v. Chamberlain, p. 724 Note 2a Same decision if Pl’s W Bainbridge - 10 ‘ away 26 unbiased W’s contradict? Uphold directed verdict if Defense rested w/out putting on evidence?

8. TRIAL Controlling the Jury Penn. RR v. Chamberlain, p. 724 Better case for pl?

9. TRIAL Controlling the Jury Penn. RR v. Chamberlain, p. 724 Better case for pl Potential bias of all defense W’s Ee’s of def – may fear firing Evil RR or Own negligence Speed & distance of 2 strings 1 st 8-10 mph, then slowed 2 nd faster, then increased to 3x as fast 4-5 cars (200 ft) Chamberlain Experienced yard man Unlikely to fall Crash Extra-loud Caught B’s attention

10. TRIAL Controlling the Jury Pennsylvania RR v. Chamberlain, p. 724 Evidence v. inferences “Mere scintilla” v. “substantial proof” Credibility Opportunity to observe v. bias Finding facts v. applying law to facts

11. TRIAL Black Letter Law - JML What evidence considered? All evidence favorable to pl. All inferences fr. pl’s evidence All undisputed evidence What about def’s evidence? Prevailing federal rule Consider all evidence Including evidence unfavorable to non-moving party

12. TRIAL Black Letter Law - JML Test for evaluating evidence? “Mere scintilla” v. “substantial evidence” Opposed to the motion Prevailing federal rule “substantial evidence”

13. TRIAL Controlling the Jury Law of Evidence Instruct the Jury Judge Comment on the Evidence Flow of Information Exclude Improper Influences (Voir dire, etc.)