Might be on quiz??? Flashcards
Administrative trial
no jury; must prove everything you said in the pleading stage is true
Dockett
refers to a list of cases that will be called to trial
voir dire
to say the truth: jury selection
Do all cases have a jury?
No
Socioeconomic questioning
attempt to weed out “bias”- but you do in fact want a biased jury. In other words: u want to select whatever jury serves your client better
dismissal for cause
attorney can dismiss a juror if they’ve demonstrated a bias; unlimited
preemptory challenge
dismissing a juror for no concrete reason; limited
impaneling a jury
judge briefs a jury on the details of the case; explains the role of a juror
opening statement
each party gives a statement about what they think the case is about; if a witness is forgotten they do not have the virtue of that evidence
Plaintiff’s case in chief
burden of the defendant to prove their case
Hearsay
not admissible evidence; the report of another person’s word
Adversarial process
questions are being posed by either side; attorney can object if the other does not abide by evidence law
closing statemtne
what the evidence has proven
Jury decision…
must be unanimous
Jury nullification
when a jury knows what the law is and refuses to convict defendant; judfes tend to be deferential to a jury regardless of their verdict
Appeal
loser of case appeals to a higher court; any evidence that was not submitted during trial cannot be used in appeals court
10% of private issues…
make it to court; most people settle
Goals of an appellate court
to make sure the lower court did not make any legal errors
Oral arguments
take place after the parties present their briefs
Briefs(appeals court)
errors made in the case; what issue if being appealed and what is the law being contested
