Parts of a trial and general Flashcards
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6 stages of a trial
- Pretrial hearing
- Jury selection
- Preliminary jury instructions
- Opening statements
- Presentation of evidence and limiting statements
- Closing Arguments
Motion in limein
an attempt to resolve important issues outside the hearing of the jury
Often made verbally, but not always
Pretrial hearing
Attorneys meet with the judge before the trial to discuss settlement, trial issues, and the admissibility of evidence.
Presentation of evidence
Involves the introduction of evidence, cross-examination, and reference to exhibits or demonstrative evidence.
Foundation for admissibility
facts that must be established or following certain procedures required by court to make evidence admissible
Who is the trier of fact in a case?
Normally the jury
Although, if the right to a jury trial is waived, then the judge.
exhibits
physical items
limiting instructions
telling the jury what they can and cannot do.
The defendant’s case in chief
Can ask the court to dismiss based on failure to meet burden of proof
The defendants case in chief
If true, it defeats the plaintiffs claim, even if their charges are true
How can the plaintiff respond to the defendants case in chief?
They can offer a rebuttal, which the defendants then can rebutte
Jury instruction
The court must tell the jury about the law that they must apply
two types of verdicts
- general verdict
- special verdict
3 practical things we think about with each rule
- Rule
- Theory
- Application
what Legal proceedings count as evidence
complaints and answers
closing statements are not
evidence
JNOV (judgement notwithstanding the verdict)
Asking the judge to give you a judgement, overruling the juries judgement
After verdict, losing party asks for what 2 things
New Trial or JNOV
Not available to the proseution
What is an appealable order
the judgement, not the verdict
Why the adversarial system does not use the scientific method
- takes too much time
- has more goals than just truth
What is Voir Dire?
Jury selection through questioning prospective jurors.
What is the purpose of Voir Dire to lawyers?
Attorneys listen to the answers and challenge the inclusion of the juror.
After presenting the evidence, the case is called
“case in chief”
examples of demonstrative evidence
charts, diagrams, reenactments
Real evidence
Tangible item that relates to the issue at trial directly
cross examination and leading questions
During cross-examination lawyers can ask leading questions (questions that suggest answers)
Sidebar
speaking to the judge close to his bench, so that the jury does not hear.
motion to strike
if granted, the court may tell the jury to disregard something. We pretend it is striked from the transcript but it is actually not.
general verdict
declares who wins
special verdict
The jury answers questions posed by the court
Motions of Liminite
Pr-trial motions
At pre-trial there is typically not a
court reporter there
When questioning a witness
Question =
1 fact
When questioning a witness
Allowing one fact per questions allows the
other party to object
601: State law rules only in
Civil cases
