How a Trial Begins

Question 1

At what points in a trial do the attorneys speak directly to the jury?

Answer 1

Opening statements + Closing statements

Question 2

Which party goes first in opening statements?

Answer 2

Moving party

Question 3

Why are opening statements significant?

Answer 3

FIRST time the jury hears SPECIFIC FACTS of the case

Question 4

Expert witness

Answer 4

Class of witnesses who possess special knowledge or expertise in a given field.

Question 5

What can expert witnesses testify on?

Answer 5

Facts and professional conclusions drawn from those facts

Question 6

Daubert standard

Answer 6

Judge must determine that the expert testimony and scientific evidence is relevant and reliable

Question 7

What questions are asked to determine if expert testimony is releavant and reliable?

Answer 7

• Can the technique/thoery be tested?
• Has it been peer reviewed?
• Potential error rate?
• Is there widespread acceptance among relevant scientific community?

Question 8

What is required before an expert witness can testify?

Answer 8

Establish the expert witness’s expertise and knowledge for the court and jury

Question 9

Why are expert witnesses essential for the jury?

Answer 9

Provide essential information the jury needs to understand and decide on the facts of the case

Question 10

Expert witnesses are often PAID to come to court

Answer 10

TRUE

Question 11

Objections

Answer 11

Request of an attorney to the judge to prohibit evidence from being allowed in trial

Question 12

Defense arguments

Answer 12

Defense utilizes their time to try and create doubt in the minds of the jurors

Question 13

When must a criminal defendant testify?

Answer 13

only if it is VITAL to the defense strategy

Question 14

Why is it not wise for defendant to testify?

Answer 14

Will be cross-examined and risk of impeachment

Question 15

Federal rules of evidence

Answer 15

set of rules that govern the admission and exclusion of evidence at trial

Question 16

When were the federal rules of evidence adopted?

Answer 16

1975

Question 17

Under the federal rules of evidence, is evidence generally admitted or excluded?

Answer 17

Generally err on side of ADMITTING evidence

Question 18

Evidence

Answer 18

All information presented at trial

Question 19

What form is evidence mostly presented in?

Answer 19

Testimony

Question 20

Direct evidence

Answer 20

Evidence derived from 1 or more of your 5 senses

Question 21

Circumstantial evidence

Answer 21

Indirect evidence. Testimony not based on witness’s personal observations of material evidence

Question 22

Can a conviction occur on circumstantial evidence alone?

Answer 22

YES

Question 23

Direct examination

Answer 23

Party who called the witness to the stand conducts the testimony

Question 24

Purpose of direct examination

Answer 24

To establish facts for the jury

Question 25

Cross-examination

Answer 25

Opposing party questions the other party’s witness

Question 26

Purpose of cross-examination

Answer 26

Try to attack witness’s credibility

Question 27

In what examination can LEADING QUESTIONS be asked?

Answer 27

Only in CROSS-Examination

Question 28

Re-direct

Answer 28

Initial party may ask questions after cross-examination

Question 29

Limits of re-direct

Answer 29

Questions limited to what was brought up on CROSS.
Not required.

Question 30

What must evidence be for it to be properly admitted?

Answer 30

Trustworthy & relevant to issue in question

Question 31

Hearsay

Answer 31

Out of court statement used for truth of the matter asserted. NOT based on PERSONAL knowledge.

Question 32

Exceptions to hearsay

Answer 32

1. Present senses impressions
2. Speech occurred in live time
3. Excited utterances
4. Statement made for medical treatment
5. Record recollection

Question 33

Statements that ARE NOT Hearsay

Answer 33

Declarant-witness Prior statement
Opposing party statement

Question 34

Lay witnesses

Answer 34

Any witness who is NOT an expert. Testify to offer evidence over something they personally observed.

Question 35

Closing arguments

Answer 35

Summary of the evidence and why the jury should rule in their client’s favor

Question 36

Order of closing arguments

Answer 36

1. Moving party
2. Defense
3. Moving party

Question 37

Jury instructions

Answer 37

Judge will instruct jury in what the law is, elements of the offense that must be met, etc…
Prepared ahead of time by judge and attorneys

Question 38

Procedure of jury deliberations

Answer 38

1. Jury moved to private room
2. Elects foreperson
3. Straw poll
4. deliberates until verdict is reached

Question 39

Foreperson

Answer 39

Member of jury that guides discussions and reads verdict before the court

Question 40

Hung jury

Answer 40

Jury unable to reacha verdict

Question 41

Sequester a jury

Answer 41

Isolating the jury from the community and outside world until the trial is complete and a verdict is reached

Question 42

What kinds of cases would require a jury to be sequestered?

Answer 42

High-profile cases with a lot of media attention

Question 43

Do criminal or civil trials have jury nullification?

Answer 43

Criminal

Question 44

Jury nullification

Answer 44

Right of juries to nullify or refuse to apply law in a case despite the facts that leave no reasonable doubt the law was violated.

Question 45

When can juries recommend or influence sentencing?

Answer 45

Criminal trials in aFEW states

Question 46

Why do juries not recommend or influence sentences anymore?

Answer 46

Makes trials longer and more costly.

Question 47

What can juries recommend in civil trials?

Answer 47

Damages or restitutions