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