Chapter 5 pt. 2 Flashcards
Jury selection includes ______ conference, right guaranteed by _____ amendment.
pretrial, 7th
The trial rules of evidence ensures evidence at trial is ____ and _______.
Fair, reliable
What is the order of procedure in trial?
- Plaintiff opening statements, states what to prove during trial 2. examination of witnesses which is when attorneys questions witness, 2a. direct examination 2b. cross-examination 2c. then redirect examination and recross-examination.
What occurs during the trial closing arguments?
Summarizes facts and evidence, tells clients story, persuades fact finder.
What is the civil trial standard of proof?
Preponderance (bulk) of the evidence, plaintiff shows claim is more likely to be true than the defendants.
What is the criminal trial standard of proof?
Beyond a reasonable doubt.
What occurs after the trial verdict?
Deliberation. Specifies the findings and liability, jury can award monetary damages in a civil case.
What are the two posttrial motions?
Motion for new trial- trial fundamentally flawed, error by trial judge, newly discovered evidence, prejudice. Motion for judgement N.O.V.- if verdict was erroneous.
What occurs during the notice of appeal in posttrial?
A record of the pleadings, motions, hearings, trial, the judgment, and any other ruling. Briefs, the legal arguments for changing the judgment.
What occurs after filing an appeal in posttrial?
A court reviews the case, states whether it affirms, reverses, remands, or modifies the appeal.
What are the reasons for an appeal?
Some form of legal error.
How is a judgement enforced?
A judgment is not money. Must enforce writ of execution, writ of garnishment, liens.
