What cant a judge do in a JMOL?

• A. Doubt the non-movant's credibility by assessing demeanor
• B. Evaluate witness credibility using the same standard as the jury
• C. Weigh evidence and credibility
• D. Make credibility determinations freely

Answer: (C)

In a JMOL, the judge’s job is to decide whether there is a legally sufficient basis for a verdict and to grant judgment as a matter of law if no reasonable jury could find for the nonmovant. The judge does not re-weigh conflicting evidence or assess witnesses’ credibility. Credibility determinations and weighing evidence are functions reserved for the jury; the judge must view the evidence in the light most favorable to the nonmovant and only decide whether the record would permit a reasonable jury to return a verdict. Therefore, weighing evidence and credibility is the action a judge cannot take in ruling on a JMOL, which is why that option is the best answer.