Paralegal Certification PrepLitigationMedium
A paralegal is assisting with a civil trial where the judge has just ruled on a motion for a directed verdict. This motion is typically made by which party, and at what stage of the trial?
- ABy the judge, during jury deliberations
- BBy the plaintiff, before opening statements
- CBy either party, after the presentation of the opposing party's evidence
- DBy the defendant, after the jury has rendered its verdict
Show answer & explanationAnswer & explanation
Correct answer: C. By either party, after the presentation of the opposing party's evidence
A motion for a directed verdict (or judgment as a matter of law in federal court) can be made by either party after the opposing party has presented its evidence, arguing that no reasonable jury could find for the opposing side based on the evidence presented.
Why the other options are wrong
- A. Judges rule on motions, but they don't 'make' a motion themselves, and it occurs before jury deliberation concludes.
- B. Motions for directed verdict are made after evidence presentation, not before opening statements.
- D. After a jury verdict, a motion for judgment notwithstanding the verdict (JNOV) would be made, not a directed verdict.
Motion for Directed Verdict
A motion made during a jury trial, typically after the opposing party has presented its case, asking the judge to rule in favor of the moving party because no reasonable jury could find for the opposing party based on the evidence presented.
- Also known as 'judgment as a matter of law' in federal courts (FRCP Rule 50(a)).
- Made before the case goes to the jury.
- Tests the legal sufficiency of the evidence presented.
Memory trick: Trial motions: 'Directed' to the judge, 'JNOV' after the jury is heard.