What is the difference between a motion and a brief?

As a general principle, a motion asks a court to do something or to not do something. A "memorandum of law" or a "memorandum of points and authorities" "briefs" the court, i.e., explains to the court the legal authority, consisting of both decisional and statutory law, which supports the moving party's request.

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Sample Letter for Order Granting Directed Verdict

San Jose California Sample Letter for Order Granting Directed Verdict

Name: San Jose California Sample Letter for Order Granting Directed Verdict
Brand: US Legal Forms
Rating: 4.61 (491 reviews)

Category:

Letters - Legal - Orders

State:

Multi-State

City:

San Jose

Control #:

US-0370LTR

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Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

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FAQ

A directed verdict is a ruling entered by a trial judge after determining that there is no legally sufficient evidentiary basis for a reasonable jury to reach a different conclusion. The trial court may grant a directed verdict either sua sponte or upon a motion by either party.

A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony.

For example, if the evidence presented in a case is so lacking or inconsequential that the plaintiff is reasonably unable to win the case it seems likely the jury would dismiss the matter, or acquit, without being directed to do so.

For this reason, directed verdicts are not very common. However, a judge will grant a motion for directed verdict if it is clear that a reasonable jury could not find for the opposing party.

When is a Directed Verdict Used? A directed verdict is only proper in situations where a reasonable jury could not find for the opposing party. The defendant can move for a directed verdict after the plaintiff rests her case. If the judge grants this motion, the case is over and the defendant wins.

On a directed verdict motion in California, the court's decision operates as an adjudication on the merits unless otherwise ordered by the court, however the jury must still render a verdict before the decision on the motion for directed verdict can be incorporated in the final judgment.

In a criminal trial, the defendant's lawyer can ask for a motion to dismiss the charges, arguing that the government has failed to prove its case. In effect, in both kinds of cases, the lawyer asks the judge to direct a verdict for the defendant. The judge will either grant or deny the motion.

As a general principle, a motion asks a court to do something or to not do something. A "memorandum of law" or a "memorandum of points and authorities" "briefs" the court, i.e., explains to the court the legal authority, consisting of both decisional and statutory law, which supports the moving party's request.

According to Federal Judicial Center research, summary-judgment motions are filed in 17% of federal cases. 71% of summary-judgment motions were filed by defendants, 26% by plaintiffs. Out of these, 36% of the motions were denied, and 64% were granted in whole or in part.

Administrative Motions to File Under Seal 1. A statement certifying that the filing party has reviewed and complied with this Order. 2. A statement certifying that the filing party has reviewed and complied with Civil Local Rule 79-5.

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San Jose California Sample Letter for Order Granting Directed Verdict

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What is the purpose for requesting a directed verdict from a judge?

What is the purpose of a motion?

What is an example of a directed verdict?

How common are directed verdicts?

When should you ask for a directed verdict?

What is a directed verdict in California?

Who asks for a directed verdict?

What is the difference between a motion and a brief?

How often are summary judgments granted?

What is an administrative motion?

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What is a directed verdict in a court case?

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What happens if my motion for directed verdict is granted?

What if my motion for directed verdict is denied?

Can I appeal a directed verdict in San Jose?

Is a directed verdict the same as an acquittal?

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