MBE Rules · Civil Procedure
Reexamination Clause
7th Amend. — Reexamination Clause
The rule
Facts tried by a jury may be reexamined only per common-law rules — supporting JMOL and new trials but barring appellate reweighing of evidence or additur in federal court.
In plain English
The Reexamination Clause limits how facts decided by a jury can be reviewed in federal court. While judges can grant judgment as a matter of law (JMOL) or order new trials, they cannot reweigh evidence or increase damages awarded by a jury.
Worked example
In a personal injury case, a jury awards the plaintiff $50,000 in damages. The defendant moves for JMOL, arguing that no reasonable jury could have reached that conclusion. The judge grants JMOL, ruling that the evidence did not support the jury's finding, and the verdict is overturned.
Memory hook
Reexamination means no reweighing; JMOL and new trials are the only ways to challenge a jury's facts.
The trap
Exams often include scenarios where students mistakenly think they can appeal based on a disagreement with the jury's factual findings, which is not allowed under this rule. Students may confuse permissible JMOL with a general appeal of the jury's decision.
How examiners test it
Questions typically present a factual scenario with a jury verdict and ask whether a judge can overturn that verdict, focusing on the limits of reexamination under the Reexamination Clause.
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