Chapter 1 - Trial Process (Evidence Book p. 34-35) Flashcards

1
Q

In the United States we have an ____________ system of justice wherein competing litigants are often represented by lawyers who advocate on their behalf.

A

Adversarial

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2
Q

If the fact-finder is a judge it is known as a _________ _________.

A

bench trial

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3
Q

If the fact-finder is a jury it is known as a ________ ________.

A

jury trial

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4
Q

Step 1 in a Trial:

A

Pre-trial Conference

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5
Q

A conference, or series of conferences, with the judge and the parties, often held at various times before trial, in order to help the attorneys streamline the case and prepare for trial.

A

Pre-trial Conference

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6
Q

Step 2 in a Trial:

A

Pretrial Motions

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7
Q

Oral or written requests made by the parties addressing various pretrial matters, including “Motions in Liminie” which are requests for the judge to make a pretrial ruling either admitting or refusing to admit certain evidence at trial.

A

Pretrial Motions

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8
Q

What are Motions in Liminie?

A

Requests for the judge to make a pretrial motion ruling either admitting or refusing to admit certain evidence at trial.

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9
Q

Step 3 in a Trial:

A

Jury Selection

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10
Q

The method by which a jury is empaneled.

A

Jury Selection

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11
Q

Where the prospective juror is unqualified as a matter of law, such as personally knowing one of the parties.

A

Challenges for cause

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12
Q

Where each side is allowed to dismiss a certain number of prospective jurors for any reason except unconstitutional ones.

A

Peremptory challenges

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13
Q

Step 4 in a Trial:

A

Opening Statements

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14
Q

Each side is allowed to present an organized preview of what they expect the evidence to show at trial - a general road map of the case.

A

Opening Statements

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15
Q

Step 5 in a Trial:

A

Plaintiff/Prosecution’s Case in Chief

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16
Q

The ______________________ has the burden of proof and is therefore allowed to present its case first by calling witnesses and adducing evidence that factually supports its legal claims and allegations.

A

plaintiff/ prosecution

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17
Q

Calling a witness and asking her open ended, non-leading “who, what, when, and why” type of questions, the answers to which, hopefully, support the allegations made.

A

Direct Examination

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18
Q

What type of questions are asked on direct examination?

A

open ended - non-leading

19
Q

The opportunity to question an opponent’s witness in an attempt to obtain helpful confirming admissions, and/or, to discredit that witness’ credibility. Leading questions are permitted.

A

Cross- Examination

20
Q

What type of questions are allowed on cross-examination?

A

leading questions

21
Q

The opportunity to ask a witness, who has just been cross-examined, follow-up questions to rehabilitate her testimony.

A

Redriect Examination

22
Q

The process by which attorneys raise admissibility concerns about either a witness’ testimony and/or tangible evidence presented.

A

Objections

23
Q

This preserves for appeal a judge’s exclusion of evidence.

A

Offers of Proof

24
Q

Step 6 in a Trial:

A

Plaintiff/ Prosecution Rests Her Case

25
Q

This is done after the plaintiff/prosecution has presented all evidence that she believes is necessary for the jury to make a finding on her behalf.

A

Plaintiff/ Prosecution Rests Her Case

26
Q

Step 7 in a Trial:

A

Motion for Judgment as a Matter of Law

27
Q

This is a defense motion.

A

Motion for Judgment as a Matter of Law

28
Q

This is a defense motion requesting dismissal because the plaintiff/ prosecution has failed to produce sufficient evidence of her claims (made after the plaintiff/prosecution rests).

A

Motion for Judgment as a Matter of Law

29
Q

Step 8 in a Trial:

A

Defendant’s Case in Chief

30
Q

Step 9 in a Trial:

A

Rebuttal & Surrebuttal

31
Q

Opportunity for the parties to present additional evidence refuting the evidence adduced during their opponent’s case-in-chief.

A

Rebuttal & Surrebuttal

32
Q

Step 10 in a Trial:

A

Defendant Rests Her case

33
Q

This is done after the defendant has presented all of her evidence, and has tried to refute the plaintiff/prosecution’s evidence.

A

Defendant Rests Her Case

34
Q

Step 11 in a Trial:

A

Closing Arguments

35
Q

The opportunity for the parties to tell the jury how they should weigh all of the evidence presented during the trial and why that party should prevail.

A

Closing Arguments

36
Q

Step 12 in a Trial:

A

Jury Instructions

37
Q

These are the written instructions from the judge to the jury on: (1) how to proceed in their deliberations; and, (2) how to apply the governing substantive law to the facts the jury has found in the case.

A

Jury Instructions

38
Q

Step 13 in a Trial:

A

Jury Deliberations

39
Q

Where the jury convenes after trial, in private, to discuss the case, and render a verdict, based on the evidence and applicable law.

A

Jury Deliberations

40
Q

Step 14 in a Trial:

A

Verdict/ Judgment

41
Q

The _________ is the final determination of the facts in the case, and the __________ is the judge’s final ruling based on the verdict and the law.

A

verdict
judgment

42
Q

Step 15 in a Trial:

A

Post Trial Motions and Motions for Judgment as a Matter of Law

43
Q

The party who loses in a civil case, and a criminal defendant who is found guilty, may move for a _________________________________.

A

judgment as a matter of law or a new trial

44
Q
A