Civil Procedure Multistate Bar Practice Exam

What happens if the written answers are inconsistent with each other in a special verdict?

1. The court may enter any judgment

2. No judgment may be entered

3. The court decides based on the general verdict

4. The jury must reconvene to clarify

The correct answer is: No judgment may be entered

In the context of a special verdict, if the written answers provided by the jury are inconsistent with each other, the correct outcome is that no judgment may be entered. A special verdict is designed to ask the jury to answer specific factual questions rather than deliver a straightforward verdict on liability or damages. These answers need to be consistent and logically interconnected because they will form the basis for the court's judgment. When the jury provides inconsistent answers, it creates ambiguity that prevents the court from determining a clear result. Since the purpose of a special verdict is to elicit clear and definitive findings of fact, inconsistencies undermine that aim. Therefore, the court is unable to enter a final judgment until the inconsistencies are resolved. In such scenarios, the court may require additional steps, such as directing the jury to clarify their findings, but in the immediate sense, the inconsistency alone precludes judgment. This underscores the importance of jury clarity in special verdicts, as any inconsistency not only disrupts the verdict process but also raises issues regarding the overall integrity and functionality of the jury's role in determining facts.