Also known as:re-examination · reexaminations · re-examinations · reexamined · re-examined · redirect examination · re-exam
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
constitutional law
A prohibition that bars federal courts from reexamining facts found by a jury in suits at common law except according to common law rules such as motions for new trial or judgment as a matter of law.
2
Sense 1
1
constitutional law
A prohibition that bars federal courts from reexamining facts found by a jury in suits at common law except according to common law rules such as motions for new trial or judgment as a matter of law.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Constitution
Examples
Sense 2
2
patent law
An administrative proceeding before the U.S. Patent and Trademark Office in which any party may seek review of an issued patent on the basis of prior art consisting of patents and publications to determine whether one or more claims should be invalidated or narrowed.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
An administrative proceeding before the U.S. Patent and Trademark Office in which any party may seek review of an issued patent on the basis of prior art consisting of patents and publications to determine whether one or more claims should be invalidated or narrowed.
Each sense below has its own examples, sources, and questions.
2
Judge Overrides Jury Findings
Ravi Reddy sued Reliance Insurance in federal court for breach of an insurance policy after a fire destroyed his warehouse. The jury returned a verdict finding liability and awarding $180,000 in damages. The trial judge then granted the insurer's motion to clarify the verdict and substituted his own factual determinations that the policy exclusions applied, reducing the award to zero. The judge's action reexamined facts already resolved by the jury outside the narrow common-law procedures permitted by the Seventh Amendment.
Prior Deposition Offered Against Party
Renee Rogers sued Riverside Healthcare in federal court alleging negligent treatment that caused her permanent injury. At trial Rogers offered the sworn deposition testimony of a former hospital employee who had since become unavailable. Riverside Healthcare had been a party to the earlier administrative investigation in which the deposition was taken and its counsel had attended and questioned the witness on the same subject matter. The court admitted the testimony because the hospital had possessed both an opportunity and a similar motive to develop the testimony through examination.
Frequently Asked2
What does the Seventh Amendment forbid federal judges from doing with jury findings?+
The amendment prohibits a federal court from reexamining facts already decided by a jury except according to common-law procedures such as a motion for new trial or judgment as a matter of law. A judge who substitutes personal factual conclusions for those reached by the jury violates the amendment.
Supporting sources
When may prior sworn testimony be admitted against a party under the former-testimony exception?+
The testimony must have been given at a trial, hearing, or lawful deposition, the declarant must be unavailable, and the party against whom the testimony is now offered (or its predecessor in interest in a civil case) must have had an opportunity and similar motive to develop the testimony by direct, cross-, or redirect examination.
Supporting sources
Frequently Asked1
Who may request reexamination of an issued patent and on what grounds?+
Any person, including the patentee or an anonymous informant, may request reexamination at any time during the life of the patent. The request is limited to prior patents and publications that raise a substantial new question of patentability.
33 F.3d 1526 (Fed. Cir. 1994)Intellectual Property Law
…"reconsideration" as follows: "[a]s normally used in the context of administrative adjudication 'reconsideration' implies reexamination, and possibly a different decision by the entity which initially decided it." [^maj-7]: Apparently, the Board's reconsideration decision in the present case was based on the same record…