Parts of a trial and general

Question 1

6 stages of a trial

Answer 1

1. Pretrial hearing
2. Jury selection
3. Preliminary jury instructions
4. Opening statements
5. Presentation of evidence and limiting statements
6. Closing Arguments

Question 2

Motion in limein

Answer 2

an attempt to resolve important issues outside the hearing of the jury

Often made verbally, but not always

Question 3

Pretrial hearing

Answer 3

Attorneys meet with the judge before the trial to discuss settlement, trial issues, and the admissibility of evidence.

Question 4

Presentation of evidence

Answer 4

Involves the introduction of evidence, cross-examination, and reference to exhibits or demonstrative evidence.

Question 5

Foundation for admissibility

Answer 5

facts that must be established or following certain procedures required by court to make evidence admissible

Question 6

Who is the trier of fact in a case?

Answer 6

Normally the jury

Although, if the right to a jury trial is waived, then the judge.

Question 7

exhibits

Answer 7

physical items

Question 8

limiting instructions

Answer 8

telling the jury what they can and cannot do.

Question 9

The defendant’s case in chief

Answer 9

Can ask the court to dismiss based on failure to meet burden of proof

Question 10

The defendants case in chief

Answer 10

If true, it defeats the plaintiffs claim, even if their charges are true

Question 11

How can the plaintiff respond to the defendants case in chief?

Answer 11

They can offer a rebuttal, which the defendants then can rebutte

Question 12

Jury instruction

Answer 12

The court must tell the jury about the law that they must apply

Question 13

two types of verdicts

Answer 13

1. general verdict
2. special verdict

Question 14

3 practical things we think about with each rule

Answer 14

1. Rule
2. Theory
3. Application

Question 15

what Legal proceedings count as evidence

Answer 15

complaints and answers

Question 16

closing statements are not

Answer 16

evidence

Question 17

JNOV (judgement notwithstanding the verdict)

Answer 17

Asking the judge to give you a judgement, overruling the juries judgement

Question 18

After verdict, losing party asks for what 2 things

Answer 18

New Trial or JNOV

Not available to the proseution

Question 19

What is an appealable order

Answer 19

the judgement, not the verdict

Question 20

Why the adversarial system does not use the scientific method

Answer 20

1. takes too much time
2. has more goals than just truth

Question 21

What is Voir Dire?

Answer 21

Jury selection through questioning prospective jurors.

Question 22

What is the purpose of Voir Dire to lawyers?

Answer 22

Attorneys listen to the answers and challenge the inclusion of the juror.

Question 23

After presenting the evidence, the case is called

Answer 23

“case in chief”

Question 24

examples of demonstrative evidence

Answer 24

charts, diagrams, reenactments

Question 25

Real evidence

Answer 25

Tangible item that relates to the issue at trial directly

Question 26

cross examination and leading questions

Answer 26

During cross-examination lawyers can ask leading questions (questions that suggest answers)

Question 27

Sidebar

Answer 27

speaking to the judge close to his bench, so that the jury does not hear.

Question 28

motion to strike

Answer 28

if granted, the court may tell the jury to disregard something. We pretend it is striked from the transcript but it is actually not.

Question 29

general verdict

Answer 29

declares who wins

Question 30

special verdict

Answer 30

The jury answers questions posed by the court

Question 31

Motions of Liminite

Answer 31

Pr-trial motions

Question 32

At pre-trial there is typically not a

Answer 32

court reporter there

Question 33

When questioning a witness

Question =

Answer 33

1 fact

Question 34

When questioning a witness

Allowing one fact per questions allows the

Answer 34

other party to object

Question 35

601: State law rules only in

Answer 35

Civil cases