Other Flashcards
1
Q
Structure of a Trial [12]
A
- Pretrial Motions
- Jury Selection
- Opening Statements
- Plaintiff’s/Prosecutor’s Case-in-Chief
- Defendant’s Case-in-Chief or Case-in-Defense
- P’s Case-in-Rebuttal
- D’s Case-in-Rebuttal or Case-in-Rejoinder
- Further Rebuttal and Rejoinder
- Closing Statements
- Instructing the Jury
- Deliberation
- Verdict
2
Q
Pretrial Motions
A
- Motion in Limine - motion to determine whether evidence is admissible under rules
- Motion to Suppress - claim that evidence was obtained illegally
- Motion for Summary Judgment - no disputable fact; ruled as a matter of law
3
Q
Judge’s Response to Objection
A
- Sustain - agrees with the objection
- Overruled - disagrees with the objection
- Redact - eliminate portions of document for violating rules, while admitting the rest of it
- Curative Instruction - if jury has heard inadmissible evidence, judge will instruct jury to disregard
- Limiting Instruction - may admit evidence for limited purpose only; may apply to some issues or parties but not others (Rule 105)
4
Q
On Appeal
A
- Appellate courts rarely reverse based on evidentiary issues
- Abuse of discretion standard
- Error affected “substantial right” (Rule 103)