Chapter 1 - Trial Process (Evidence Book p. 34-35) Flashcards
In the United States we have an ____________ system of justice wherein competing litigants are often represented by lawyers who advocate on their behalf.
Adversarial
If the fact-finder is a judge it is known as a _________ _________.
bench trial
If the fact-finder is a jury it is known as a ________ ________.
jury trial
Step 1 in a Trial:
Pre-trial Conference
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.
Pre-trial Conference
Step 2 in a Trial:
Pretrial Motions
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.
Pretrial Motions
What are Motions in Liminie?
Requests for the judge to make a pretrial motion ruling either admitting or refusing to admit certain evidence at trial.
Step 3 in a Trial:
Jury Selection
The method by which a jury is empaneled.
Jury Selection
Where the prospective juror is unqualified as a matter of law, such as personally knowing one of the parties.
Challenges for cause
Where each side is allowed to dismiss a certain number of prospective jurors for any reason except unconstitutional ones.
Peremptory challenges
Step 4 in a Trial:
Opening Statements
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.
Opening Statements
Step 5 in a Trial:
Plaintiff/Prosecution’s Case in Chief
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.
plaintiff/ prosecution
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.
Direct Examination
What type of questions are asked on direct examination?
open ended - non-leading
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.
Cross- Examination
What type of questions are allowed on cross-examination?
leading questions
The opportunity to ask a witness, who has just been cross-examined, follow-up questions to rehabilitate her testimony.
Redriect Examination
The process by which attorneys raise admissibility concerns about either a witness’ testimony and/or tangible evidence presented.
Objections
This preserves for appeal a judge’s exclusion of evidence.
Offers of Proof
Step 6 in a Trial:
Plaintiff/ Prosecution Rests Her Case
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.
Plaintiff/ Prosecution Rests Her Case
Step 7 in a Trial:
Motion for Judgment as a Matter of Law
This is a defense motion.
Motion for Judgment as a Matter of Law
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).
Motion for Judgment as a Matter of Law
Step 8 in a Trial:
Defendant’s Case in Chief
Step 9 in a Trial:
Rebuttal & Surrebuttal
Opportunity for the parties to present additional evidence refuting the evidence adduced during their opponent’s case-in-chief.
Rebuttal & Surrebuttal
Step 10 in a Trial:
Defendant Rests Her case
This is done after the defendant has presented all of her evidence, and has tried to refute the plaintiff/prosecution’s evidence.
Defendant Rests Her Case
Step 11 in a Trial:
Closing Arguments
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.
Closing Arguments
Step 12 in a Trial:
Jury Instructions
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.
Jury Instructions
Step 13 in a Trial:
Jury Deliberations
Where the jury convenes after trial, in private, to discuss the case, and render a verdict, based on the evidence and applicable law.
Jury Deliberations
Step 14 in a Trial:
Verdict/ Judgment
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.
verdict
judgment
Step 15 in a Trial:
Post Trial Motions and Motions for Judgment as a Matter of Law
The party who loses in a civil case, and a criminal defendant who is found guilty, may move for a _________________________________.
judgment as a matter of law or a new trial
