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

Question 1

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

Answer 1

Adversarial

Question 2

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

Answer 2

bench trial

Question 3

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

Answer 3

jury trial

Question 4

Step 1 in a Trial:

Answer 4

Pre-trial Conference

Question 5

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.

Answer 5

Pre-trial Conference

Question 6

Step 2 in a Trial:

Answer 6

Pretrial Motions

Question 7

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.

Answer 7

Pretrial Motions

Question 8

What are Motions in Liminie?

Answer 8

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

Question 9

Step 3 in a Trial:

Answer 9

Jury Selection

Question 10

The method by which a jury is empaneled.

Answer 10

Jury Selection

Question 11

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

Answer 11

Challenges for cause

Question 12

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

Answer 12

Peremptory challenges

Question 13

Step 4 in a Trial:

Answer 13

Opening Statements

Question 14

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.

Answer 14

Opening Statements

Question 15

Step 5 in a Trial:

Answer 15

Plaintiff/Prosecution’s Case in Chief

Question 16

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.

Answer 16

plaintiff/ prosecution

Question 17

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.

Answer 17

Direct Examination

Question 18

What type of questions are asked on direct examination?

Answer 18

open ended - non-leading

Question 19

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.

Answer 19

Cross- Examination

Question 20

What type of questions are allowed on cross-examination?

Answer 20

leading questions

Question 21

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

Answer 21

Redriect Examination

Question 22

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

Answer 22

Objections

Question 23

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

Answer 23

Offers of Proof

Question 24

Step 6 in a Trial:

Answer 24

Plaintiff/ Prosecution Rests Her Case

Question 25

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.

Answer 25

Plaintiff/ Prosecution Rests Her Case

Question 26

Step 7 in a Trial:

Answer 26

Motion for Judgment as a Matter of Law

Question 27

This is a defense motion.

Answer 27

Motion for Judgment as a Matter of Law

Question 28

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).

Answer 28

Motion for Judgment as a Matter of Law

Question 29

Step 8 in a Trial:

Answer 29

Defendant's Case in Chief

Question 30

Step 9 in a Trial:

Answer 30

Rebuttal & Surrebuttal

Question 31

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

Answer 31

Rebuttal & Surrebuttal

Question 32

Step 10 in a Trial:

Answer 32

Defendant Rests Her case

Question 33

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

Answer 33

Defendant Rests Her Case

Question 34

Step 11 in a Trial:

Answer 34

Closing Arguments

Question 35

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.

Answer 35

Closing Arguments

Question 36

Step 12 in a Trial:

Answer 36

Jury Instructions

Question 37

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.

Answer 37

Jury Instructions

Question 38

Step 13 in a Trial:

Answer 38

Jury Deliberations

Question 39

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

Answer 39

Jury Deliberations

Question 40

Step 14 in a Trial:

Answer 40

Verdict/ Judgment

Question 41

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.

Answer 41

verdict judgment

Question 42

Step 15 in a Trial:

Answer 42

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

Question 43

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

Answer 43

judgment as a matter of law or a new trial