LAW 522-001 – Civil Procedure II
Substantive flaws are flaws where the jury returned a verdict they should not have.
There are two types of substantive flaws:
- Where the jury splits the difference in its verdict
- E.g., jury must either return a verdict for $10,000 or $0 and it instead returns $5,000.
- Where "the verdict is against the great weight of the evidence."
- Most common ground for a new trial based on a substantive flaw
- This is a lower standard than for a (renewed) judgment as a matter of law.
- It must be "quite clear that the jury reached a seriously erroneous result."
- This standard is somewhere between requiring no reasonable basis and the judge substituting how he would would have voted.