Lesson 9: The Trial

Question 1

Right to Trial by Jury

Answer 1

The Seventh Amendment of the U.S. Constitution provides, “In suits at common law [legal claims], where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved.”

Question 2

Stages of Jury Trial

Answer 2

1. Opening statement of plaintiff
2. Opening statement of defendant
3. Presentation of direct evidence by plaintiff, with cross-examinations of each witness by defendant, followed by redirect and recross-examinations.
4. Presentation of direct evidence by the defendant, with cross-examinations, redirect and recross-examinations.
5. Presentation of rebuttal evidence by plaintiff.
6. Presentation of rebuttal evidence by defendant.
7. Argument of plaintiff to jury.
8. Argument of defendant to jury.
9. Final closing argument of plaintiff to jury.
10. Instructions to jury by judge.
11. Verdict of jury.

Question 3

Impeachment of Verdict for Misconduct (Federal Rule)

Answer 3

A juror may only testify to any “extraneous prejudicial information” or “outside influence” that may have affected the verdict (seeks to preserve the secrecy of jury deliberations).

Question 4

Impeachment of Verdict for Misconduct (California Rule)

Answer 4

A juror may testify to any improper influence.