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Some Practical Rules for JAML Analysis

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.

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Some Practical Rules for JAML Analysis

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  1. Some Practical Rules for JAML Analysis

  2. Basic Principles

  3. If there is no direct or indirect evidence supporting an element, the jury must conclude that the element has not been established.

  4. If there is conflicting direct evidence regarding an element, jury gets to resolve the issue.

  5. Unless the other rules dictate a different result, if direct evidence and indirect evidence conflict, the jury gets to resolve the issue.

  6. “Evidence” That Does Not Count

  7. The jury must disregard direct evidence • From a witness who did not have an opportunity to observe, or • That is physically impossible

  8. Generally, the jury must disregard a non-expert witness’s conclusions (inferences from observations).

  9. Evidence That Must Be Believed

  10. Usually, a jury has the right to disbelieve direct evidence even without contradictory evidence. However . . .

  11. The jury must believe direct evidence that is • unimpeached and • uncontradicted and • from a • disinterested witness or • a source that cannot reasonably be doubted

  12. Inferences That May Not Be Drawn

  13. 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)

  14. Dogs That Do Not Bark

  15. 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.

  16. 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.

  17. Some Procedural Questions

  18. 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?

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