California Bar Practice Exam

A party can move for judgment notwithstanding the verdict (JNOV) if they had previously moved for a directed verdict during the trial. This procedural requirement is essential because it ensures that the trial judge has had an opportunity to assess the sufficiency of the evidence before the jury had a chance to decide the case.

When a party moves for a directed verdict, they are essentially asking the judge to conclude that no reasonable jury could find in favor of the opposing party based on the presented evidence. If the jury still returns a verdict against that party despite the directed verdict motion, they can then contend that the same evidence does not support the jury's finding and seek a JNOV.

This requirement of making a prior motion for a directed verdict helps establish that the party is not simply appealing a losing verdict but is challenging the evidentiary support for the jury's decision based on the same facts considered at trial. Therefore, the validity of the JNOV relies heavily on the assessment made during the directed verdict motion, reinforcing the importance of this procedural step in the overall judicial process.