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24. Is the court likely to grant the caterer's motion for judgment as a matter of law?
At a jury trial, the doctor testified that he paid the $85,000 debt. The caterer testified that the doctor never paid the debt for the service contract, and produced a receipt showing that the $85,000 payment to the caterer was for a boat the caterer sold to the doctor. At the close of the trial, the caterer filed a motion for judgment as a matter of law.
A caterer filed a diversity action against a doctor in federal court in State A. The caterer alleged that the doctor failed to pay $85,000 due on a valid service contract from a recent party that the doctor hosted. The doctor did not dispute the existence of the contract between the parties.
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A is incorrect. This answer states the standard for granting the pre-trial summary judgment motion.
B is incorrect. This answer states what is known as the thirteenth juror standard and is not what a judge is supposed to ask. Such an approach grants insufficient deference to the jury.
C is incorrect. This answer does not state the standard for a motion for judgment as a matter of law. Instead, it implicates something closer to the standard for a motion for a new trial.