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The Department "Culture e Civiltà" of the University of Verona invites applications to THREE fully funded studentships for the Master's Course in Linguistics (academic year 2018/19). Details regarding the Master’s program in Linguistics can be found at:

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Post-Trial Motions

Post-trial motions are employed after the jury (or judge, in a bench trial) renders its verdict. These motions are to be differentiated from those made at the close of evidence, which was covered in the earlier chapter on trial practice.

The first motion to consider is a motion for a new trial. See Federal Rule of Civil Procedure (“FRCP”) 59. A party may move the court for a new trial in particular situations, and it is up to the trial court’s discretion whether to grant the motion. The rules provide for an order granting a new trial, or similar relief, to remedy a situation where the judgment rendered in the case is a miscarriage of justice. There are many grounds on which a party may base its motion for a new trial; these grounds are not codified, but have been established by the common law. Following are the various grounds on which a party may rely in seeking a new trial:

1) The case where the Verdict is Against the Weight of the Evidence: A motion for a new trial can be sustained where evidence and testimony presented strongly supports one party, but the judgment is for the other. One court has explained that the power to grant a motion for a new trial

2) The case where the Verdict is Inadequate or Excessive: This is the case where the jury’s award is either grossly inadequate or grossly excessive. Some courts have referred to such verdicts as ‘shocking’ to the court’s conscience. For example:

3) The case where a Party Newly Discovers Evidence:

Similarly, a change in law after the final judgment is not a sufficient basis on which to move for a new trial. See Title v. United States , 263 F.2d 28 (9th Cir. 1959).

Other grounds for a new trial include improper conduct by the court or by counsel and improper conduct affecting the jury . As you might imagine, this may occur when the jury is influenced improperly.

FRCP Rule 59 is clear that following a bench trial,

In other words, following a bench trial, the court has broad discretion to re-open the case and amend the judgment if new facts come to light.

The motion for a new trial must be filed no later than ten days after the judgment is entered. FRCP 59(b). While the motion must specify the grounds upon which the party is relying, after giving the parties notice and an opportunity to be heard, the court may order a new trial on a ground not specified in the motion for a new trial.

It is not only upon a party’s motion that the court may order a new trial. Under FRCP 59(d), the court may, sua sponte , that is, on its own, order a new trial on any ground on which a party could base its motion. If the court orders a new trial sua sponte or grants a motion for a reason not specified in the moving papers, the court must specify the applicable ground(s) upon which it is relying in its order. The court, however, is subject to the same time limitations are imposed on a party's motion for a new trial.

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Advancing Research • Shaping Policy • Developing Leaders

About Randomized Field Experiments Randomized field experiments allow researchers to scientifically measure the impact of an intervention on a particular outcome of interest.

What is a randomized field experiment? In a randomized experiment, a study sample is divided into one group that will receive the intervention being studied (the treatment group) and another group that will not receive the intervention (the control group). For instance, a study sample might consist of all registered voters in a particular city. This sample will then be randomly divided into treatment and control groups. Perhaps 40% of the sample will be on a campaign’s Get-Out-the-Vote (GOTV) mailing list and the other 60% of the sample will not receive the GOTV mailings. The outcome measured –voter turnout– can then be compared in the two groups. The difference in turnout will reflect the effectiveness of the intervention.

What does random assignment mean? The key to randomized experimental research design is in the random assignment of study subjects – for example, individual voters, precincts, media markets or some other group – into treatment or control groups. Randomization has a very specific meaning in this context. It does not refer to haphazard or casual choosing of some and not others. Randomization in this context means that care is taken to ensure that no pattern exists between the assignment of subjects into groups and any characteristics of those subjects. Every subject is as likely as any other to be assigned to the treatment (or control) group. Randomization is generally achieved by employing a computer program containing a random number generator. Randomization procedures differ based upon the research design of the experiment. Individuals or groups may be randomly assigned to treatment or control groups. Some research designs stratify subjects by geographic, demographic or other factors prior to random assignment in order to maximize the statistical power of the estimated effect of the treatment (e.g., GOTV intervention). Information about the randomization procedure is included in each experiment summary on the site.

What are the advantages of randomized experimental designs? Randomized experimental design yields the most accurate analysis of the effect of an intervention (e.g.,a voter mobilization phone drive or a visit from a GOTV canvasser, on voter behavior). By randomly assigning subjects to be in the group that receives the treatment or to be in the control group, researchers can measure the effect of the mobilization method regardless of other factors that may make some people or groups more likely to participate in the political process. To provide a simple example, say we are testing the effectiveness of a voter education program on high school seniors. If we allow students from the class to volunteer to participate in the program, and we then compare the volunteers’ voting behavior against those who did not participate, our results will reflect something other than the effects of the voter education intervention. This is because there are, no doubt, qualities about those volunteers that make them different from students who do not volunteer. And, most important for our work, those differences may very well correlate with propensity to vote. Instead of letting students self-select, or even letting teachers select students (as teachers may have biases in who they choose), we could randomly assign all students in a given class to be in either a treatment or control group. This would ensure that those in the treatment and control groups differ solely due to chance. The value of randomization may also be seen in the use of walk lists for door-to-door canvassers. If canvassers choose which houses they will go to and which they will skip, they may choose houses that seem more inviting or they may choose houses that are placed closely together rather than those that are more spread out. These differences could conceivably correlate with voter turnout. Or if house numbers are chosen by selecting those on the first half of a ten page list, they may be clustered in neighborhoods that differ in important ways from neighborhoods in the second half of the list. Random assignment controls for both known and unknown variables that can creep in with other selection processes to confound analyses. Randomized experimental design is a powerful tool for drawing valid inferences about cause and effect. The use of randomized experimental design should allow a degree of certainty that the research findings cited in studies that employ this methodology reflect the effects of the interventions being measured and not some other underlying variable or variables.

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Lessons from GOTV experiments

Why randomize?

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