Other Flashcards

1
Q

Structure of a Trial [12]

A
  1. Pretrial Motions
  2. Jury Selection
  3. Opening Statements
  4. Plaintiff’s/Prosecutor’s Case-in-Chief
  5. Defendant’s Case-in-Chief or Case-in-Defense
  6. P’s Case-in-Rebuttal
  7. D’s Case-in-Rebuttal or Case-in-Rejoinder
  8. Further Rebuttal and Rejoinder
  9. Closing Statements
  10. Instructing the Jury
  11. Deliberation
  12. Verdict
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2
Q

Pretrial Motions

A
  1. Motion in Limine - motion to determine whether evidence is admissible under rules
  2. Motion to Suppress - claim that evidence was obtained illegally
  3. Motion for Summary Judgment - no disputable fact; ruled as a matter of law
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3
Q

Judge’s Response to Objection

A
  1. Sustain - agrees with the objection
  2. Overruled - disagrees with the objection
  3. Redact - eliminate portions of document for violating rules, while admitting the rest of it
  4. Curative Instruction - if jury has heard inadmissible evidence, judge will instruct jury to disregard
  5. Limiting Instruction - may admit evidence for limited purpose only; may apply to some issues or parties but not others (Rule 105)
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4
Q

On Appeal

A
  1. Appellate courts rarely reverse based on evidentiary issues
  2. Abuse of discretion standard
  3. Error affected “substantial right” (Rule 103)
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