What is a remedy when there is an erroneous jury verdict in federal court?

• A. Dismissal with prejudice
• B. Set aside and retry
• C. Summary judgment
• D. Appeal as of right

Answer: (B)

When a jury verdict in federal court seems erroneous, the remedy is to set it aside and have a new trial. The judge can grant a new trial when there were reversible errors that affected the outcome or when the verdict is against the weight of the evidence, ensuring the case is decided fairly. This is typically done through a post-trial motion for a new trial under Rule 59.

An appeal is a separate route that comes after a final judgment to challenge the trial court’s rulings or the judgment itself, not to cure the trial-attempt directly by retrying the case. Dismissing the case with prejudice or granting summary judgment would end or preempt the trial rather than correct its outcome.